Professional Documents
Culture Documents
BID DOCUMENT Ramdi Palpa
BID DOCUMENT Ramdi Palpa
BID DOCUMENT Ramdi Palpa
For
THE PROCUREMENT OF
Page 1 of 163
Table of Contents
Part I: BIDDING PROCEDURES ....................................................................................................... 5
Page 2 of 163
Government of Nepal
Ministry of Physical Infrastructure and Transport
Department of Roads
Bridge Branch
Project Coordination Unit (PCU)
Invitation for Bids
Notice No.: 04/PCU/078/79
Date of publication: 2078/11/20 BS (2022/03/04 AD)
1. Department of Roads, Bridge Branch, Project Coordination Unit (PCU) invites electronic bids from eligible
Nepalese bidders for the construction of Bridges through Design and Build method named in the table below
under National Competitive Bidding – Single Stage Two Envelope Bidding procedures.
Only eligible bidders with the key qualifications mentioned in the table below should participate in this bidding;
the bidders are advised to refer to detailed qualification requirements specified in the bidding documents.
Page 3 of 163
Name of the Bank: Nepal Bank Limited, Gabahal, Office Code no.: 337013401,
Name of Office: Department of Roads, Bridge Branch, Project Coordination Unit,
Account No.: 00101000000001001001, Rajaswa (revenue) Shirshak no.: 14229
5. Pre-bid meeting shall be held at Department of Roads, Project Coordination Unit, Bridge Branch,
Chakupat, Lalitpur at 13:00 hours on 2078-12-04 BS (2022-03-18 AD)
6. The bids will be opened in the presence of Bidders' representatives who choose to attend at 13:00 hours on
2078-12-20 BS ( 2022-04-03AD) at Department of Roads, Project Coordination Unit, Bridge Branch,
Chakupat, Lalitpur. Bids must be valid for a period of 120 days after bid opening and must be accompanied
by a bid security or scanned copy of the bid security in pdf format, amounting to a minimum values mentioned
in the table above, which shall be valid for 30 days beyond the validity period of the bid.
7. If the last date of purchasing and /or submission falls on a government holiday, then the next working day shall
be considered as the last date. In such case the validity period of the bid security shall remain the same as
specified for the original last date of bid submission.
8. The bidders are strongly encouraged to visit the site before bidding.
9. Employer reserves rights to accept or reject bid(s) without any reason whatsoever.
Page 4 of 163
Part I: BIDDING PROCEDURES
Page 5 of 163
Table of Clauses
A. General .................................................................................................................................... 8
26. Confidentiality......................................................................................................................25
27. Clarification of Bids..............................................................................................................25
28. Deviations, Reservations, and Omissions .........................................................................25
29. Examination of Technical Bid .............................................................................................25
30. Determination of Responsiveness of Technical Bid ...........................................................26
Page 6 of 163
31. Nonconformities Errors, and Omissions ...............................................................................27
32 Qualification of the Bidder .....................................................................................................27
33. Correction of Arithmetical Errors.......................................................................................27
34 Subcontractors ......................................................................................................................28
35. Evaluation of Price Bids .......................................................................................................28
36. Comparison of Bids..............................................................................................................29
37. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ....................................29
38. Award Criteria.......................................................................................................................29
39. Letter of Intent to Award the Contract/Notification of Award...............................................30
40. Performance Security and Line of Credit ...........................................................................30
41 Signing of Contract...............................................................................................................31
42. Complaint and Review ........................................................................................................31
Page 7 of 163
Section I: Instructions to Bidders
A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet
(BDS), the Employer, as indicated in the BDS, issues this Bidding Document
for the procurement of Works as specified in Section VI (Works
Requirements). The name, identification, and number of Contracts of
the National Competitive Bidding (NCB) are provided in the BDS.
1.2 Throughout this Bidding Document:
(a)the term “in writing” means communicated in written form and delivered
against receipt;
(b) except where the context requires otherwise, words indicating the
singular also include the plural and words indicating the plural also
include the singular; and
(c) “day” means calendar day.
2. Source of Funds 2.1 GoN Funded: In accordance with its annual program and budget, approved
by the GoN, the implementing agency indicated in the BDS plans to apply
a portion of the allocated budget to eligible payments under the contract(s)
for which this Bidding Document is issued.
Or
Public Entities' own Resource Funded: In accordance with its annual
program and budget, approved by the public entity, the implementing
agency indicated in the BDS plans to apply a portion of the allocated
budget to eligible payments under the contract(s) for which this Bidding
Document is issued.
Or
DP Funded: The GoN has applied for or received financing (hereinafter
called “funds”) from the Development Partner (hereinafter called “the DP”)
indicated in the BDS toward the cost of the project named in the BDS. The
GoN intends to apply a portion of the funds to eligible payments under the
contract(s) for which this Bidding Document is issued.
2.2 DP Funded: Payment by the DP will be made only at the request of the
GoN and upon approval by the DP in accordance with the terms and
conditions of the financing agreement between the GoN and the DP
(hereinafter called the “Loan/Grant Agreement”), and will be subject in all
respects to the terms and conditions of that Loan/Grant Agreement. No
party other than the GoN shall derive any rights from the Loan Agreement
or have any claim to the funds.
3. Fraud and 3.1 Procuring Entities as well as Bidders, suppliers and contractors and their
Corruption sub-contractors shall adhere to the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this:;
(a) the Employer adopts, for the purposes of this provision, the terms as
defined below:
Page 8 of 163
(i) “corrupt practice” means the offering, giving, receiving,
or soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(b) the Employer will reject a proposal for award if it determines that
the Bidder recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices or other integrity violations in competing for the contract;
(c) DPwill cancel the portion of the financing allocated to a contract if it
determines at any time that representative(s) of the GoN or of a
beneficiary of DP-financing engaged in corrupt, fraudulent, collusive,
or coercive practices or other integrity violations during the procurement
or the execution of that contract, without the GoN having taken timely
and appropriate action satisfactory to DP to remedy the situation.
(d) DP will impose remedial actions on a firm or an individual, at any time,
in accordance with DP's Anticorruption Policy and related Guidelines
(as amended from time to time), including declaring ineligible, either
indefinitely or for a stated period of time, to participate in DP-financed,
-administered, or -supported activities or to benefit from an DP-
financed, -administered, or -supported contract, financially or
otherwise, if it at any time determines that the firm or individual has,
directly or through an agent, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations; and
Page 9 of 163
(e) The Contractor shall permit the GoN/DP to inspect the Contractor’s
accounts and records relating to the performance of the Contractor and
to have them audited by auditors appointed by the GoN/DP, if so
required by the GoN/DP.
3.2 The Bidder shall not carry out or cause to carry out the following
acts with an intention to influence the implementation
of the procurement process or the procurement agreement :
3.4 A bidder declared blacklisted and ineligible by the GoN, Public Procurement
Monitoring Office (PPMO) and/or the DP in case of DP funded project,
may be ineligible to bid for a contract during the period of time determined
by the GoN, PPMO and/or the DP.
3.5 In case of a natural person or firm/institution/company which is already
declared blacklisted and ineligible by the GoN, any other new or existing
firm/institution/company owned partially or fully by such Natural person or
Owner or Board of director of blacklisted firm/institution/company; shall not
be eligible bidder.
3.6 Furthermore, Bidders shall be aware of the provisions of GCC (GCC 28.3
Page 10 of 163
and 72.3(j).
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government owned entity
subject to ITB 4.5 or any combination of them in the form of a Joint Venture
(JV) under an existing agreement, or with the intent to constitute a legally-
enforceable joint venture. In the case of a JV:
(a) all partners shall be jointly and severally liable for the execution of
the Contract in accordance with the Contract terms. Maximum number
of JV shall be as specified in the BDS. and
(b) the JV shall nominate a Representative who shall have the authority to
conduct all business for and on behalf of any and all the parties of the
JV during the bidding process and, in the event the JV is awarded
the Contract, during Contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the nationality
of an eligible country, in accordance with Section V (Eligible Countries).
A Bidder shall be deemed to have the nationality of a country if the Bidder
is a citizen or is constituted, or incorporated, and operates in conformity with
the provisions of the laws of that country. This criterion shall also apply to
the determination of the nationality of proposed sub-contractors or
suppliers for any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. A Bidder found to have a conflict
of interest shall be disqualified. A Bidder may be considered to be in a conflict
of interest with one or more parties in this bidding process, if any of, including
but not limited to, the following apply:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from any of
them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to material
information about or improperly influence the Bid of another
Bidder, or influence the decisions of the Employer regarding this bidding
process; or
(e) a Bidder participates in more than one bid in this bidding process
either individually or as a partner in a joint venture. This will result in
the disqualification of all Bids in which it is involved. However, subject to
any finding of a conflict of interest in terms of ITB 4.3 (a)-(d) above, this
does not limit the participation of the same subcontractor in more than
one bid; or
(f) a Bidder or any of its affiliated entity, participated as a consultant in the
preparation of the design or technical specifications of the works that
are the subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is
proposed to be hired) by the Employer as Engineer for the Contract.
Page 11 of 163
supported project while under temporary suspension or debarment by DP
pursuant to the DP's Anticorruption Policy (see ITB 3), whether such
debarment was directly imposed by the DP, or enforced by other DPs
pursuant to the Agreement for Mutual Enforcement of Debarment
Decisions. A bid from a temporary suspended or debarred firm will be
rejected.
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory
to the Employer, as the Employer shall reasonably request.
5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under the
Equipment and Contract shall have their origin in any source countries as defined in
Services accordance with Section V (Eligible Countries) and all expenditures under
the Contract will be limited to such materials, equipment, and services. At
the Employer’s request, Bidders may be required to provide evidence
of the origin of materials, equipment and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the
materials and equipment are mined, grown, produced or manufactured,
and from which the services are provided. Materials and equipment
are produced when, through manufacturing, processing, or substantial
or major assembling of components, a commercially recognized product
results that differs substantially in its basic characteristics or in purpose or
utility from its components.
Page 12 of 163
6. Sections of Bidding 6.1 The Bidding Document consist of Parts I, II, and III, which include all
Document the Sections indicated below, and should be read in conjunction with any
Addenda issued in accordance with ITB 8.
PART I Bidding Procedures
Section I Instructions to Bidders (ITB)
Section II Bid Data Sheet (BDS)
Section III Evaluation and Qualification Criteria (EQC)
Section IV Bidding Forms (BDF)
Section V Eligible Countries
PART II Requirements
Section VI Works Requirements (WRQ)
Section VII Bill of Quantities (BOQ)
PART III Conditions of Contract and Contract Forms
Section VIII General Conditions of Contract (GCC)
Section IX Special Conditions of Contract (SCC)
Section X Contract Forms (COF)
6.2 The Invitation for Bids issued by the Employer is not part of the Bidding
Document.
6.3 The Employer is not responsible for the completeness of the Bidding
Document and their Addenda, if they were not obtained directly from the
source stated by the Employer in the Invitation for Bids.
6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document and to furnish with its bid all
information and documentation as is required by the Bidding Documents.
Failure to furnish all information or documentation required by the Bidding
Document may result in the rejection of the bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding Document
Bidding Document, shall contact the Employer in writing at the Employer’s address indicated in
Site Visit, Pre-Bid BDS or raise any question or curiosity during the pre-bid meeting if
Meeting
provided for in accordance with ITB 7.4.The Employer will respond in
writing to any request for clarification, provided that such request is
received within the period as mentioned in ITB 7.5. The Employer shall
forward copies of its response to all Bidders who have acquired the Bidding
Document in accordance with ITB 6.3, including a description of the
inquiry but without identifying its source. Should the Employer deem it
necessary to amend the Bidding Document as a result of a request for
clarification, it shall do so following the procedure under ITB 8 and ITB 22.2.
7.2 The Bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself, on its own risk and responsibility, all
information that may be necessary for preparing the bid and entering into
a Contract for construction of the Works. The costs of visiting the Site shall
be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission
by the Employer to enter upon its premises and lands for the purpose
of such visit, but only upon the express condition that the Bidder, its
personnel, and agents will release and indemnify the Employer and its
personnel and agents from and against all liability in respect thereof, and will
be responsible for death or personal injury, loss of or damage to property,
and any other loss, damage, costs, and expenses incurred as a result of
Page 13 of 163
the inspection.
7.5 The Bidder is requested, to submit any questions in writing, to reach the
Employer as mentioned in BDS.
7.6 Minutes of the pre-bid meeting, including the text of the questions
raised, without identifying the source, and the responses given,
together with any responses prepared after the meeting, will be transmitted
promptly to all Bidders who have acquired the Bidding Document in
accordance with ITB 6.3. Any modification to the Bidding Document that
may become necessary as a result of the pre-bid meeting shall be made
by the Employer exclusively through the issue of an addendum pursuant
to ITB 8 and not through the minutes of the pre-bid meeting.
7.7 Non attendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the Employer
Bidding Document may amend the Bidding Document by issuing agenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document
from the Employer in accordance with ITB 6.3.
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be responsible or
liable for those costs, regardless of the conduct or outcome of the bidding
process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer, shall be written in the
language specified in the BDS. Supporting documents and printed
literature that are part of the Bid may be in another language provided they
are accompanied by an accurate translation of the relevant passages in the
language specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
11. Documents 11.1 The Bid shall comprise two envelopes submitted simultaneously, one
Comprising the Bid called the Technical Bid containing the documents listed in ITB 11.2 and
the other the Price Bid containing the documents listed in ITB 11.3, both
envelopes enclosed together in an outer single envelope.
Page 14 of 163
11.2 The Technical Bid shall comprise the following:
11.4 The Bidder is solely responsible for the authenticity of the submitted
documents.
12. Letter of Bid and 12.1 The Letters of Technical Bid and Price Bid, Schedules, and all documents
Schedules listed under ITB 11, shall be prepared using the relevant forms in Section
IV (Bidding Forms) and in Section VII (Bill of Quantities). The forms must be
completed without any alterations to the text, and no substitutes shall be
accepted. All blank spaces shall be filled in with the information requested.
13. Alternative Bids 13.1 Unless otherwise specified in the BDS, alternative bids shall not be
considered.
13.2 When alternative times for completion are explicitly invited, a statement
to that effect will be included in the BDS, as will the method of evaluating
different times for completion.
13.3 When specified in the BDS pursuant to ITB 13.1, and subject to ITB 13.4
below, Bidders wishing to offer technical alternatives to the requirements
of the Bidding Document must first price the Employer’s design as
described in the Bidding Document and shall further provide all
information necessary for a complete evaluation of the alternative by the
Employer, including drawings, design calculations, technical
Page 15 of 163
specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical alternatives,
if any, of the lowest evaluated Bidder conforming to the basic technical
requirements shall be considered by the Employer.
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Price
Discounts Bid and in the Schedules shall conform to the requirements specified
below.
14.2 The Bidder shall submit a bid for the whole of the works described
in ITB 1.1 by filling in prices for all items of the Works, as identified in
Section VII (Bill of Quantities). In case of Unit Rate Contracts, the Bidder
shall fill in rates and prices for all items of the Works described in the Bill
of Quantities. Items against which no rate or price is entered by the Bidder
will not be paid for by the Employer when executed and shall be deemed
covered by the rates for other items and prices in the Bill of Quantities.
14.3 The price to be quoted in the Letter of Price Bid shall be the total price of
the Bid, excluding any discounts offered. Absence of the total price in the
Letter of Price Bid or the Bid Price in the Bill of Quantities shall result in
rejection of the Bid.
14.4 The Bidder shall quote any discounts and the methodology for their
application in the Letter of Price Bid, in accordance with ITB 12.1.
14.5 If so indicated in ITB 1.1, bids are invited for individual Contracts or for any
combination of Contracts (packages). Bidders wishing to offer any price
reduction for the award of more than one Contract shall specify in their
bid the price reductions applicable to each package, or alternatively, to
individual Contracts within the package. Price reductions or discounts shall
be submitted in accordance with ITB 14.4, provided the Bids for all
Contracts are submitted and opened at the same time.
14.6 Unless otherwise provided in the BDS and the Conditions of Contract,
the prices quoted by the Bidder shall be fixed. If the prices quoted by the
Bidder are subject to adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of Contract, the Bidder
shall furnish the indices and weightings for the price adjustment formulae
in the Table of Adjustment Data in Section IV (Bidding Forms) and the
Employer may require the Bidder to justify its proposed indices and
weightings.
14.7 All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, as of the date 30 days prior to the
deadline for submission of bids, shall be included in the rates and prices
and the total bid price submitted by the Bidder.
Page 16 of 163
15. Currency of Bid 15.1 The currency of the bid and payment shall be in Nepalese Rupees.
and Payment
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a statement
Comprising the of work methods, equipment, personnel, schedule and any other
Technical Proposal information as stipulated in Section IV (Bidding Forms), in sufficient
detail to demonstrate the adequacy of the Bidders’ proposal to meet
the work requirements and the completion time.
17. Documents 17.1 To establish its qualifications to perform the Contract in accordance
Establishing the with Section III (Evaluation and Qualification Criteria) the Bidder shall
Qualifications of the provide the information requested in the corresponding information
Bidder
sheets included in Section IV (Bidding Forms).
18. Period of Validity 18.1 Bids shall remain valid for the period specified in the BDS after the bid
of Bids submission deadline date prescribed by the Employer. A bid valid for a
shorter period shall be rejected by the Employer as nonresponsive.
19. Bid Security 19.1 The Bidder shall furnish as part of its bid, in original form, a bid security as
specified in the BDS. In case of e-submission of bid, the Bidder shall upload
scanned copy of Bid security letter at the time of electronic submission of the
bid. The Bidder accepts that the scanned copy of the Bid security shall, for all
purposes, be equal to the original. The details of original Bid Security and the
scanned copy submitted with e-bid should be the same otherwise the bid shall
be non-responsive.
19.2 The bid security shall be, at the Bidder’s option, in any of the following forms:
(a) an unconditional bank guarantee from Commercial Bank or Financial
Institution eligible to issue Bank Guarantee as per prevailing Law or;
(b) a cash deposit voucher in the Employer's Account as specified in
BDS.
In the case of a bank guarantee, the bid security shall be submitted
either using the Bid Security Form included in Section IV (Bidding
Forms) or in another Form acceptable to the employer. The form must include
the complete name of the Bidder. The bid security shall be valid for minimum thirty
(30) days beyond the original validity period of the bid, or beyond any period of
extension if requested under ITB 18.2.
19.3 The bid security issued by any foreign Bank outside Nepal must be
counter guaranteed by Commercial Bank or Financial Institution
eligible to issue Bank Guarantee as per prevailing Law in Nepal.
Page 17 of 163
19.4 Any bid not accompanied by an enforceable and substantially compliant
bid security shall be rejected by the Employer as nonresponsive. In case of
e- Submission, if the scanned copy of an acceptable Bid Security letter is not
uploaded with the electronic Bid then Bid shall be rejected.
19.5 The bid security of unsuccessful Bidders shall be returned within three days,
once the successful Bidder’s furnishing of the required performance
security and signing of the Contract Agreement pursuant to ITB 40.1
and 41.1
19.7 The Bid Security of a Joint Venture shall be in the name of the Joint
Venture that submits the bid. If the Joint Venture has not been legally
constituted at the time of bidding, the Bid Security shall be in the names
of all future partners as named in the letter of intent mentioned in ITB 4.1.
20. Format and 20.1 The Bidder shall prepare one original set of the Technical Bid and one
Signing of Bid original of the Price Bid comprising the Bid as described in ITB 11 and
clearly mark it “ORIGINAL – TECHNICAL BID” and “ORIGINAL –
PRICE BID.” Alternative bids, if permitted in accordance with ITB 13,
Page 18 of 163
shall be clearly marked “ALTERNATIVE”. In addition, the Bidder shall
submit copies of the bid in the number specified in the BDS, and clearly
mark each of them “COPY.” In the event of any discrepancy between
the original and the copies, the original shall prevail.
In case of e-submission of bid, the Bidder shall submit his bid
electronically in PDF or web forms files as specified in ITB Clause
21.1(b).
20.2 The original and all copies of the bid shall be typed or written in indelible
ink and shall be signed by a person duly authorized to sign on behalf of the
Bidder. This authorization shall consist of a written confirmation as
specified in the BDS and shall be attached to the bid. The name and
position held by each person signing the authorization must be typed or
printed below the signature. All pages of the bid, except for un amended
printed literature, shall be signed or initialed by the person signing the bid.
21. Sealing and 21.1 Unless otherwise specified in BDS, Bidders shall submit their bids by
Marking of Bids electronic or by mail/by hand/by courier. Procedures for submission,
sealing and marking are as follows:
(a) Bidders submitting bids by mail, by hand or by courier
shall enclose the original of the Technical Bid, and the original of the
Price Bid and each copy of the Technical Bid and Price Bid, including
alternative bids, if permitted in accordance with ITB 13, in separate
sealed envelopes, duly marking the envelopes as “ORIGINAL
TECHNICAL BID”, “ORIGINAL – PRICE BID”, “ALTERNATIVE” and
“COPY No. – TECHNICAL BID” and “COPY NO. PRICE BID” These
envelopes containing the original and the copies shall then be
enclosed in one single envelope.
(b) Bidders submitting Bids electronically shall follow the electronic bid
submission procedure specified in this clause.
i. The bidder is required to register in the e-GP system
https://www.bolpatra.gov.np/egp following the procedure
specified in e-GP guideline.
ii. Interested bidders may either purchase the bidding
document from the Employer's office as specified in the
Invitation for Bid (IFB) or bidders may download the IFB
and bidding document from e-GP system.
iii. The registered bidders need to maintain their profile data
required during preparation of bids.
iv. In order to submit their bids the cost of the bidding
document can be deposited as specified in IFB. In addition,
electronic scanned copy (.pdf format) of the bank deposit
voucher/cash receipt should also be submitted along with
the technical bid.
v. The bidder can prepare their technical and price bids using
data and documents maintained in bidder’s profile and
forms/format provided in bidding document by Employer.
The bidder may submit bids as a single entity or as a joint
Page 19 of 163
venture. The bidder submitting bid in joint venture shall
have to upload joint venture agreement along with
partner(s) Bolpatra ID provided during bidder’s registration.
vi. Bidders (all partners in case of JV) should update their
profile data and documents required during preparation
and submission of their technical bids.
vii. In case of bid submission in JV, the consent of the partners
shall be obtained through the confirmation link sent to the
registered email address and the partners shall have to
acknowledge their confirmation.
The required forms and documents shall be part of technical bids.
No. Document Requirement Remarks
Page 20 of 163
a) Bidders (all partners in case of JV) should verify/update their profile
documents as appropriate for the specific bid before submitting their bid
electronically.
viii. After providing all the details and documents, two separate bid
response documents i.e technical bids and price bids will be
generated from the system. Bidders are advised to download and
verify the response documents prior to bid submission.
ix. For verifying the authentic user, the system will send one time
password (OTP) in the registered e-mail address of the bidder.
System will validate the OTP and allow bidder to submit their bid.
x. Electronically submitted bids can be modified and/or withdrawn
through system. The bidder may modify their bids multiple times
online within bid submission date and time specified in e-GP system.
Once a Bid is withdrawn, bidder won’t be able to submit another bid
response for the same bid.
xi. The Bidder / Bid shall meet the following requirements and conditions
for e-submission of bids;
aa) The e-submitted bids must be readable through PDF reader.
bb) The facility for submission of bid electronically through e-
submission is to promote transparency, non-discrimination,
equality of access, and open competition in the bidding process.
The Bidders are fully responsible to use the e- submission facility
properly in e-GP system as per specified procedures and in no
case the Employer shall be held liable for Bidder's inability to use
this facility.
cc) When a bidder submits electronic bid through the PPMO e-GP
portal, it is assumed that the bidder has prepared the bid by
studying and examining the complete set of the Bidding
documents including specifications, drawings and conditions of
contract.
21.2. The inner and outer envelopes shall:
(aa) bear the name and address of the Bidder;
(bb) be addressed to the Employer as provided in BDS 22.1;
(cc) bear the specific identification of this bidding process
indicated in BDS 1.1; and
21.3 The outer envelope and the inner envelope containing Technical Proposal
shall bear a warning not to open before the time and date for the opening of
Technical Bid in accordance with ITB 25.1.
21.4 The inner envelope containing the Price Bid shall bear a warning not to
open until advised by the Employer in accordance with ITB 25.7
21.5 If all envelopes are not sealed and marked as required, the Employer
will assume no responsibility for the misplacement or premature opening of
the bid.
22. Deadline for 22.1 Bids must be received by the Employer at the address and no later than
Submission of Bids the date and time indicated in the BDS.
In case of e-submission, the standard time for e-submission is Nepal
Standard Time as set out in the server. The e-procurement system will
accept the e-submission of bid from the date of publishing of notice and
will automatically not allow the e-submission of bid after the deadline for
Page 21 of 163
submission of bid.
22.2 The Employer may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Document in accordance
with ITB 8, in which case all rights and obligations of the Employer and
Bidders previously subject to the deadline shall thereafter be subject to the
deadline as extended.
23. Late Bids 23.1 The Employer shall not consider any bid that arrives after the deadline
for submission of bids, in accordance with ITB 22. Any bid received by the
Employer after the deadline for submission of bids shall be declared late,
rejected, and returned unopened to the Bidder.
24. Withdrawal, and 24.1 A Bidder may withdraw, or modify its bid- Technical or Price - after it
Modification of Bids has been submitted either in hard copy or by e-submission. Once a Bid is
withdrawn, bidder shall not be able to submit another bid for this bidding
process. Procedures for withdrawal or modification of submitted bids are
as follows:
(i) Bids submitted in Hard Copy
GoN Funded:
a) Bidders may withdraw or modify its bids by sending a written notice
in a sealed envelope, duly signed by an authorized representative,
and shall include a copy of the authorization in accordance with ITB
20.2. The corresponding modification of the bid must accompany
the respective written notice. All notices must be:
(aa)prepared and submitted in accordance with ITB 20 and ITB
21,and in addition, the respective envelopes shall be clearly
marked “WITHDRAWAL”, “MODIFICATION;” and
(bb) received by the Employer twenty four hour prior to the deadline
prescribed for submission of bids, in accordance with ITB 22.
DP Funded:
A Bidder may withdraw or modify its Bid – Technical or Price – after it
has been submitted by sending a written notice, duly signed by an
authorized representative, and shall include a copy of the authorization
in accordance with ITB 20.2, (except that withdrawal notices do not
require copies). The corresponding modification of the Bid must
accompany the respective written notice. All notices must be
i) prepared and submitted in accordance with ITB 20 and ITB 21
(except that withdrawal notices do not require copies), and in
addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” and “MODIFICATION;” and
ii) received by the Employer prior to the deadline prescribed for
submission of Bids, in accordance with ITB 22.
ii) E-submitted bids.
a) Bidder may submit modification or withdrawal prior to the deadline
prescribed for submission of bids through e-GP system by using
the forms and instructions provided by the system.
24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall not
be opened. In case of hard copy submission, the Bid will be returned
unopened to the Bidders.
24.3 The following provisions apply for withdrawal or modification of the Bids:
GoN Funded:
Page 22 of 163
(i) In case of bids submitted in hard copy no bid shall be withdrawn or modified
in the interval between 24 hours prior to the deadline for submission of
bids and the expiration of the period of bid validity specified by the Bidder
on the Letter of Bid or any extension thereof.
(ii) In case of e-submitted bids no bids shall be withdrawn or modified in the
interval between deadline for submission of bids and the expiration of the
period of bid validity specified by the Bidder on the Letter of Technical
Bid and Price Bid or any extension thereof.
DP Funded:
No Bid may be withdrawn or modified in the interval between the deadline for
submission of Bids and the expiration of the period of bid validity specified by
the Bidder on the Letters of Technical Bid and Price Bid or any extension
thereof.
24.6 Request for withdrawal or modification must be made through the same
medium of submission. Request for withdrawal or modifications through
different medium shall not be considered.
25. Bid Opening 25.1 The Employer shall open the Technical Bids in public at the address, on the
date and time specified in the BDS in the presence of Bidders` designated
representatives who choose to attend. The Price Bids will remain
unopened and will be held in custody of the Employer until the specified
time of their opening. If the Technical Bid and Price Bid are submitted
together in one envelope, the Employer shall reject the entire Bid.
25.2 The Employer shall download the e-submitted Technical Bid. The e-GP
system allows the Employer to download the e-submitted technical bid
only after bid opening date and time after login simultaneously by at least
two members of the Bid Opening Committee.
Page 23 of 163
are to be opened, read out, and recorded at the opening. Price Bids, both
Original and Modification, will remain unopened in accordance with ITB
25.1.
25.5 All other envelopes holding the Technical Bid shall be opened one at
a time, reading out: the name of the Bidder; whether there is a
modification; the presence of a bid security and any other details as the
Employer may consider appropriate.
Only Technical Bids read out and recorded at bid opening shall be
considered for evaluation.
No bid shall be rejected at opening of Technical Bids except for late bids,
in accordance with ITB 23.1.
25.6The Employer shall prepare a record of the opening of Technical Bids that
shall include, as a minimum: the name of the Bidder and whether there is a
withdrawal, or modification; and the presence or absence of a bid security.
The Bidders’ representatives who are present shall be requested to sign
the record. The omission of a Bidder’s signature on the record shall not
invalidate the contents and effect of the record.
25.7 At the end of the evaluation of the Technical Bids, the Employer will invite
bidders who have submitted substantially responsive Technical Bids and
who have been determined as being qualified for award to attend the
opening of the Price Bids. The date, time, and location of the opening of
Price Bids will be advised in writing by the Employer. Bidders shall be
given at least 7 days notice for the opening of Price Bids.
25.8 The Employer will notify Bidders in writing who have been rejected on
the grounds of their Technical Bids being substantially nonresponsive to
the requirements of the Bidding Document and return their Price Bids
unopened.
25.9 The Employer shall conduct the opening of Price Bids of all Bidders who
submitted substantially responsive Technical Bids, in the presence of
Bidders` representatives who choose to attend at the address, on the
date, and time specified by the Employer. The Bidder’s representatives
who are present shall be requested to sign a register evidencing their
attendance.
25.10 All envelopes containing Price Bids shall be opened one at a time and
the following read out and recorded:
(a) the name of the Bidder;
(b) whether there is a modification;
(c) the Bid Prices, including any discounts and alternative offers; and
(d) any other details as the Employer may consider appropriate.
Only Price Bids, discounts, modifications, and alternative offers read out
and recorded during the opening of Price Bids shall be considered for
evaluation. No Bid shall be rejected at the opening of Price Bids.
Page 24 of 163
25.11 The Employer shall prepare a record of the opening of Price Bids that
shall include, as a minimum, the name of the Bidder, the Bid Price (per
lot if applicable), any discounts, modifications and alternative offers. The
Bidders’ representatives who are present shall be requested to sign the
record. The omission of a Bidder’s signature on the record shall not
invalidate the contents and effect of the record.
26.2 Any attempt by a Bidder to influence the Employer in the evaluation of the
bids or Contract award decisions may result in the rejection of its bid.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to the time of
Contract award, if any Bidder wishes to contact the Employer on any
matter related to the bidding process, it may do so in writing.
27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of the
Bids Technical and Price Bids, the Employer may, at its discretion, ask any
Bidder for a clarification of its Bid. Any clarification submitted by a Bidder
that is not in response to a request by the Employer shall not be considered.
The Employer’s request for clarification and the response shall be in writing.
No change in the substance of the Technical Bid or prices in the Price Bid
shall be sought, offered, or permitted, except to confirm the correction of
arithmetic errors discovered by the Employer in the evaluation of the Price
Bids, in accordance with ITB 33. In case of e-submission of bid, upon
notification from the employer, the bidder shall also submit the original of
documents comprising the Technical and Price Bid as per ITB 11.2 and ITB
11.3 for verification of submitted documents for acceptance of the e-
submitted bid.
27.2 If a Bidder does not provide clarifications of its Bid by the date and time
set in the Employer’s request for clarification, its Bid may be rejected.
28. Deviations, 28.1 During the evaluation of bids, the following definitions apply:
Reservations, and
Omissions (a) “Deviation” is a departure from the requirements specified in the Bidding
Document;
(b) “Reservation” is the setting of limiting conditions or withholding from
complete acceptance of the requirements specified in the Bidding
Document; and
(c) “Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document.
29. Examination of 29.1The Employer shall examine the Technical Bid to confirm that all
Technical Bid documents and technical documentation requested in ITB 11.2 have
been provided, and to determine the completeness of each document
submitted.
Page 25 of 163
29.2 The Employer shall confirm that the following documents and
information have been provided in the Technical Bid. If any of these
documents or information is missing, the offer shall be rejected.
(a) Letter of Technical Bid;
(b) written confirmation of authorization to commit the Bidder;
(c) Bid Security; and
(d) Technical Proposal in accordance with ITB 16
30.3 The Employer shall examine the technical aspects of the Bid
submitted in accordance with ITB 16, Technical Proposal, in particular,
to confirm that all requirements of Section VI (Works Requirements) have
been met without any material deviation, reservation or omission.
30.5 In case of e-submission bids, the Employer evaluates the bid on the basis
of the information in the electronically submitted bid files. If the Bidder
cannot substantiate or provide evidence to establish the information
provided in e-submitted bid through documents/ clarifications as per
ITB Clause 27.1, the bid shall not be considered for further evaluation.
30.6 In Case, a corruption case is being filed to Court against the Natural Person
or Board of Director of the firm/institution /company or any partner of JV,
such Natural Person or Board of Director of the firm/institution /company
or any partner of JV such bidder’s bid shall be excluded from the
evaluation, if public entity receives instruction from Government of Nepal.
30.7 Except in case of e-submission, the Financial Bid of the bidder, which is
evaluated as substantially non-responsive in technical bid, shall be
Page 26 of 163
returned to the respective bidders.
31. Nonconformities 31.1 Provided that a bid is substantially responsive, the Employer may waive
Errors, and any non-conformities in the bid that do not constitute a material deviation,
Omissions reservation, or omission.
32 Qualification of the 32.1 The Employer shall determine to its satisfaction during the evaluation of
Bidder Technical Bids whether Biddersmeet the qualifying criteria specified in
Section III (Evaluation and Qualification Criteria).
33. Correction of 33.1 During the evaluation of Price Bids, the Employer shall correct
Arithmetical Errors arithmetical errors on the following basis:
(a) only for unit price Contracts, if there is a discrepancy between the unit
price and the total price that is obtained by multiplying the unit price and
quantity, the unit price shall prevail and the total price shall be
corrected, unless in the opinion of the Employer there is an obvious
misplacement of the decimal point in the unit price, in which case
the total price as quoted shall govern and the unit price shall be
corrected;
(b) if there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total shall
be corrected;
(c) If there is a discrepancy between the bid price in the Summary of
Bill of Quantities and the bid amount in item (c) of the Letter of Price
Bid, the bid price in the Summary of Bill of Quantities will prevail and
Page 27 of 163
the bid amount in item (c) of the Letter of Price Bid will be corrected.
(d) if there is a discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is related
to an arithmetic error, in which case the amount in figures shall
prevail subject to (a), (b) and (c) above.
33.2 If the Bidder that submitted the lowest evaluated bid does not accept the
correction of errors, its bid shall be disqualified and its bid security shall
be forfeited.
34 Subcontractors 34.1 In case of Prequalification, the Bidder’s Bid shall name the same
subcontractor as submitted in the prequalification application and
approved by the Employer.
In case of Post-qualification, the Employer may permit subcontracting for
certain specialized works as indicated in Section III When subcontracting
is permitted by the Employer, the sub-contractor shall meet the
qualifications criteria as indicated in section III.
Sub-contractors’ qualification and experience will not be considered for
evaluation of the Bidder. The Bidder on its own (without taking into
account the qualification and experience of the sub-contractor) should
meet the qualification criteria.
Bidders may propose subcontracting up to the percentage of total value
of contracts or the volume of works as specified in the BDS.
35. Evaluation of 35.1 The Employer shall use the criteria and methodologies listed in this
Price Bids Clause. No other evaluation criteria or methodologies shall be permitted.
35.2 To evaluate a Price Bid, the Employer shall consider the following:
(a) the bid price, excluding Value Added Tax , Provisional Sums, and the
provision, if any, for contingencies in the Summary Bill of Quantities, for
Unit Rate Contracts, or Schedule of Prices for lump sum Contracts, but
including Day work items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in accordance
with ITB 33.1;
(c) price adjustment due to discounts offered in accordance with ITB
14.4;
(d) adjustment for nonconformities in accordance with ITB 31.3;
(e) application of all the evaluation factors indicated in Section III (Evaluation
and Qualification Criteria);
35.3 The estimated effect of the price adjustment provisions of the Conditions
of Contract, applied over the period of execution of the Contract, shall not
be taken into account in bid evaluation.
Page 28 of 163
35.4 If this Bidding Document allows Bidders to quote separate prices for
different Contracts, and to award multiple Contracts to a single Bidder,
the methodology to determine the lowest evaluated price of the
Contract combinations, including any discounts offered in the Letter of
Price Bid, is specified in Section III (Evaluation and Qualification Criteria).
35.5 if the bid for an Unit Rate Contract, which results in the lowest Evaluated
Bid Price is seriously unbalanced or front loaded or extremely low in
the opinion of the Employer, the Employer may require the Bidder to
produce detailed price analysis for any or all items of the Bill of Quantities, to
demonstrate the internal consistency of those prices with the construction
methods and schedule proposed. After evaluation of the price analysis,
taking into consideration the schedule of estimated Contract payments, the
Employer may require that the amount of the performance security be
increased at the expense of the Bidder as mentioned in BDS to protect the
Employer against financial loss in the event of default of the successful
Bidder under the Contract or may consider the bid as non-responsive.
35.6 In case of e-submission bids, the Employer evaluates the bid on the basis
of the information in the electronically submitted bid files. If the Bidder
cannot substantiate or provide evidence to establish the information
provided in e-submitted bid through documents/ clarifications as per
ITB Clause 27.1, the bid shall not be considered for further evaluation.
35.7 In Case, a corruption case is being filed to Court against the Natural
Person or Board of Director of the firm/institution /company or any partner
of JV, such Natural Person or Board of Director of the firm/institution
/company or any partner of JV such bidder’s bid shall be excluded from the
evaluation, if public entity receives instruction from Government of Nepal.
36. Comparison of 36.1 The Employer shall compare all substantially responsive bids in
Bids accordance with ITB 35.2 to determine the lowest evaluated bid.
37. Employer’s Right 37.1 The Employer reserves the right to accept or reject any bid, and to annul
to Accept Any Bid, the bidding process and reject all Bids at any time prior to contract award,
and to Reject Any or without thereby incurring any liability to Bidders. In case of annulment,
All Bids all Bids submitted and specifically, bid securities, shall be promptly returned
to the Bidders.
F. Award of Contract
38. Award Criteria 38.1 The Employer shall award the Contract to the Bidder whose offer has
been determined to be the lowest evaluated bid and is substantially
responsive to the Bidding Document, provided further that the Bidder is
determined to be qualified to perform the Contract satisfactorily.
Page 29 of 163
39. Letter of Intent to 39.1 The Employer shall notify the concerned Bidder whose bid has been
Award the selected in accordance with ITB 38.1 within seven days of the selection of
Contract/Notification the bid, in writing that the Employer has intention to accept its bid and the
of Award information regarding the name, address and amount of selected bidder
shall be given to all other bidders who submitted the bid.
39.3 In Case, a corruption case is being filed to Court against the Natural
Person or Board of Director of the firm/institution /company or any partner
of JV, such Natural Person or Board of Director of the firm/institution
/company or any partner of JV such bidder’s bid shall be excluded from
the evaluation, if public entity receives instruction from Government of
Nepal.
40. Performance 40.1 Within Fifteen (15) days of the receipt of Letter of Acceptance from the
Security and Line Employer, the successful Bidder shall furnish the performance security in
of Credit accordance with the Conditions of Contract, subject to ITB 35.5, as specified
below from Commercial Bank or Financial Institution eligible to issue Bank
Guarantee as per prevailing Law in Nepal using Sample Form for the
Performance Security included in Section X (Contract Forms), or another
form acceptable to the Employer. The performance security issued by any
foreign Bank outside Nepal must be counter guaranteed by Commercial Bank
or Financial Institution eligible to issue Bank Guarantee as per prevailing Law in
Nepal.
i) If bid price of the bidder selected for acceptance is up to 15 (fifteen) percent
below the approved cost estimate, the performance security amount shall be 5
(five) percent of the bid price.
ii) For the bid price of the bidder selected for acceptance is more than 15 (fifteen)
percent below of the cost estimate, the performance security amount shall be
determined as follows:
Performance Security Amount = [(0.85 x Cost Estimate –Bid Price) x 0.5] +
5% of Bid Price.
The Bid Price and Cost Estimate shall be inclusive of Value Added Tax.
Within Fifteen (15) days of the receipt of Letter of Acceptance from the Employer,
the successful Bidder shall furnish the Letter of Commitment for Bank’s
Undertaking for Line of Credit of the amount as specified in the BDS, using
Sample Form for the Line of Credit included in Section X (Contract Forms) at the
time of contract agreement.
40.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security and Line of Credit or to sign the Contract
Agreement shall constitute sufficient grounds for the annulment of the
award and forfeiture of the bid security. In that event the Employer may
award the Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Employer to be qualified
to perform the Contract satisfactorily. The process shall be repeated
Page 30 of 163
according to ITB 39.
41 Signing of 41.1 The Employer and the successful Bidder shall sign the Contract
Contract Agreement within the period as stated ITB 40.1.
41.2 At the same time, the Employer shall affix a public notice on the result of
the award on its notice board and make arrangement for causing such
notice to be affixed on the notice board also of the District Coordination
Committee, District Administration Office, Provincial Treasury and
Controller Office and District Treasury and Controller Office. The
Employer may make arrangements to post the notice into its website, if it
has; and if it does not have, into the website of the Public Procurement
Monitoring Office, identifying the bid and lot numbers and the following
information: (i) the result of evaluation of bid; (ii) date of publication of
notice inviting bids; (iii) name of newspaper; (iv) reference number of
notice; (v) item of procurement; (vi) name and address of bidder making
contract and (viii) contract price
41.3 Within thirty (30) days from the date of issuance of notification pursuant to
ITB 39.1 unsuccessful bidders may request in writing to the Employer for
a debriefing seeking explanations on the grounds on which their bids
were not selected. The Employer shall promptly respond in writing to
any unsuccessful Bidder who, requests for debriefing.
41.4 If the bidder whose bid has been accepted fails to sign the contract as stated
ITB 40.1, the Public Procurement Monitoring Office shall blacklist the bidder
on recommendation of the Public Entity.
42. Complaint and 42.1 If a Bidder is dissatisfied with the Procurement proceedings or the decision
Review made by the Employer in opening of the price bid or the intention to award
the Contract, it may file an application to the Chief of the Public Entity
or Public Procurement Monitoring Office or office established as per
Clause 145(a) of the Public Procurement Regulation within Seven (7) days
of providing the notice under ITB 25.8 and ITB 39.1 by the Public Entity,
for review of the proceedings stating the factual and legal grounds.
42.2 Late application filed after the deadline pursuant to ITB 42.1 shall not
be processed.
42.3 The chief of Public Entity shall, within five (5) days after receiving
the application, give its decision with reasons, in writing pursuant to
ITB 42.1:
(a) whether to suspend the procurement proceeding and indicate the
procedure to be adopted for further proceedings; or
(b) to reject the application.
The decision of the chief of Public Entity shall be final for the Bid amount
up to the value as stated in 42.4.
42.4 If the Bidder is not satisfied with the decision of the Public Entity in
accordance with ITB 42.3, is not given within five (5) days of receipt of
application pursuant to ITB 42.1, it can, within seven (7) days of receipt
of such decision, file an application to the Review Committee of the
GoN, stating the reason of its disagreement on the decision of the chief
of Public Entity and furnishing the relevant documents, provided that its Bid
amount ,equal or more than Rupees Twenty Million (NRs. 20,000,000). The
Page 31 of 163
application may be sent by hand, by post, by courier, or by electronic
media at the risk of the Bidder itself.
42.5 Late application filed after the deadline pursuant to ITB 42.4 shall not be
processed.
42.6 Within three (3) days of the receipt of application from the Bidder,
pursuant to ITB 42.4, the Review Committee shall notify the
concerning Public Entity to furnish its procurement proceedings,
pursuant to ITB 42.3.
42.7 Within three (3) days of receipt of the notification pursuant to ITB 42.6,
the Public Entity shall furnish the copy of the related documents to the
Review Committee.
42.8 The Review Committee, after inquiring from the Bidder and the Public
Entity, if needed, shall give its decision within one (1) month of the
receipt of the application filed by the Bidder, pursuant to ITB 42.4.
42.9 The Bidder, filing application pursuant to ITB 42.4, shall have to furnish
a cash amount or Bank guarantee from Commercial Bank or
Financial Institution eligible to issue Bank Guarantee as per
prevailing Law equivalent to one percent (1%) of its quoted Bid amount
with the validity period of at least ninety (90) days from the date of the
filing of application pursuant to ITB 42.4.
42.10 If the claim made by the Bidder pursuant to ITB 42.4 is justified, the Review
Committee shall have to return the security deposit to the applicant,
pursuant to ITB 42.9, within seven (7) days of such decision made.
Page 32 of 163
Section II: Bid Data Sheet
A. General
ITB 1.1 The number of the Invitation for Bids is: 04/PCU/078/79
ITB 2.1 The name of the Project is: Design and Build of Bridge over Kaligandaki River,
Ramdi, Palpa
The DP is None
The implementing agency is:
Government of Nepal,
Ministry of Physical Infrastructure and Transport,
Department of Roads,
Bridge Branch, Project Coordination Unit
Chakupat, Lalitpur
GoN Funded or DP Funded: GON Funded
ITB 4.1 (a) Maximum number of partner in a joint venture shall be: 3 (three)
B. Bidding Document
ITB 7.1 For clarification purposes only, the Employer’s address is:
Attention: Project Coordination Unit, Bridge Branch
Address: Department of Roads, Chakupat, Lalitpur
Telephone: : 01-5520107
Facsimile number: _____________________
Electronic mail address: infobbpcu@gmail.com
ITB 7.4 A Pre-Bid meeting shall be held. Pre-Bid Meeting will take place at the following
date, time and place:
Date: BS ( AD)
Time: 13:00 hrs
Place: Department of Roads, Bridge Branch, Project Coordination Unit,
Chakupat, Lalitpur
A site visit shall not be organized by the Employer, but the bidders are advised to
visit the site before bidding.
Page 33 of 163
ITB 7.5 Time for request: Requests for clarification should be received by the Employer no later
than 10 days prior to the deadline for submission of bids.
C. Preparation of Bids
ITB 11.2 (h) The Bidder shall submit with its Technical Bid the following additional documents:
(a) Company/ Firm Registration Certificate
(b) VAT registration
(c) Tax clearances certificate or evidence of tax return submission up to
2077/78
(d) Business Registration (License) Certificate
(e) Bank Voucher or Receipt for cost of bid document
(f) Qualification Information as stated in Section III
ITB 11.3 (b) In accordance with ITB 12 and ITB 14, the following schedules shall be submitted with
the bid, including the priced Bill of Quantities for Unit Rate Contracts and Schedule of
Prices for lump sum contracts: Not Applicable
11.3 (d) The Bidder shall submit with its Price Bid the following additional documents: None
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the Works:
Not Applicable
ITB 14.6 The prices quoted by the Bidder shall be subject to adjustment during the performance
of the Contract.
“Bidder shall submit the Table of Price Adjustment Data as a part of price bid."
ITB 19.1 The Bidder shall furnish a bid security, from Commercial Bank or Financial Institution
eligible to issue Bank Guarantee as per prevailing Law with a minimum of NRs 9.70
Million ( Rs. Nine Million Seven Hundred Thousand Only..) which shall be valid for
30 days beyond the validity period of the bid which is 150 days after bid submission
deadline date.
Office Name: Department of Roads, Bridge Branch, Project Coordination Unit
ITB 19.2 (b)
Account Name: Ko.Le.Ni.Ka. Lalitpur, Dharauti (Deposit) Account
Bank Name: Nepal Bank Limited, Gabahal, Lalitpur
Bank Address: Gabahal, Lalitpur
Dharauti Account Number: 018020000000035000051
Rajashwa Shirshak (Head): 14229
Rajashwa Acc. No: 00101000000001001001
Office Code (for Rajashwa): 337013401
ITB 20.1 In addition to the original of the bid, the number of copy/ies is/are: Not Applicable
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall
Page 34 of 163
indicate:
(a) The name and description of the documentation required to demonstrate the
authority of the signatory to sign the Bid such as a Power of Attorney; and
(b) In the case of Bids submitted by an existing or intended JV, an undertaking
signed by all parties (i) stating that all parties shall be jointly and
severally liable, and (ii) nominating a Representative who shall have the
authority to conduct all business for and on behalf of any and all the parties
of the JV during the bidding process and, in the event the JV is awarded
the Contract, during contract execution.
ITB 22.1 Bidders shall submit their bids electronically, the electronic bidding submission
procedures shall be:
i) Bid submission procedure through electronic submission (e-submission):
shall be as per the e-GP –II through the web site of Public Procurement
Monitoring Office (PPMO). Web Site: http://bolpatra.gov.np. Interested
bidders may download the necessary part of bidding documents from the E-
procurement section of PPMO’s Web Site http://bolpatra.gov.np. The Bidder shall
be required to deposit the cost of bidding document (as specified in the bid notice)
in the Project’s Rajaswa (revenue) account as specified below. In addition,
electronic scanned copy (PDF Format) of the Bank deposit voucher/tele transfer
receipt shall also be required to be submitted along with the electronic bid files.
Information to deposit the cost of bidding document in Bank:
a) Bill of Quantity (BoQ) / Priced schedule of requirement with rate, amount in the
format given in Section-IV: Bidding Forms
b) Letter of Bid, Form of Bid Security, Bidder's Qualifications as per formats given in
section-IV: Bidding Forms
iii) The bidder shall then scan the completed original documents, forms in PDF files
with appropriate filename as shown in the table below. PDF (Adobe Acrobat) version
must be 4.0 or above.
Page 35 of 163
2 Bid Security (Bank Bid Mandatory
Guarantee) as per security-2
format provided in
Section IV
*In place of "Form of Bid", "Letter of Bid" shall be attached as per format
provided in Section IV.
Note: Mandatory means the mentioned files must be included in e-submission and
non-submission of any one of such files with the bid shall result in non-responsive
bid. In case, the Bidder choose to download the bidding documents and deposit the
cost of bidding document (as specified in the bid notice) in the Project’s Rajaswa
(revenue) account an electronic scanned copy (pdf format) of the Bank deposit
Page 36 of 163
voucher/tele transfer receipt shall also be required to be submitted along with the
electronic bid files as additional documents.
iv) For e-submission purpose the Bidder shall, at first, register in the PPMO’s Web
site http://bolpatra.gov.np/egp
v) After preparing all the required bidding documents in PDF scan files as specified
in (ii) and (iii), the Bidder shall upload the PDF bid files and submit his complete bid
online through e-procurement section of PPMO’s website http://bolpatra.gov.np/egp
within the specified date and time.
3) In case of major discrepancy found between electronically submitted PDF bid files
and documents/clarifications provided by the Bidder as per ITB Clause 27.1, the
bid shall not be considered for further evaluation and ITB Clause 19.7 (d) shall be
applicable.
Page 37 of 163
The Technical Bid opening shall take place at :
ITB 25.1
Address : Project Coordination Unit, Bridge Branch, DoR, Chakupat, Lalitpur
Date : 2078/12/20 BS ( 2022/04/03AD)
Time : 13:00 pm
ITB 35.5 The amount of the performance security be increased by Eight (8) percent of the
quoted bid price.
Letter of Commitment for Bank’s Undertaking for Line of Credit shall be of NRs.
ITB 40.1
28.30 million amount.
Page 38 of 163
Section III: Evaluation and Qualification Criteria
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders
by post-qualification exercise. GoN/DP requires bidders to be qualified by meeting predefined,
precise minimum requirements. The method sets pass-fail criteria, which, if not met by the bidder,
results in disqualification. In accordance with ITB 32 and ITB 35, no other methods, criteria and
factors shall be used. The Bidder shall provide all the information requested in the forms included
in Section IV (Bidding Forms).
1. Evaluation
In addition to the criteria listed in ITB 35.2 (a) - (e) the following criteria shall apply:
Note:
Use the evaluation criteria listed below as appropriate and required for the project.
Page 39 of 163
And,
ii) With respect to the Contracts of Similar Size and Nature under item 2.4.2(a) of
Section III, the evaluation shall be done as below:
An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows:
Not Application
Page 40 of 163
Alternative technical solutions, if permitted under ITB 13.4, will be evaluated as follows:
Not Applicable
[Insert in bidding document: “Pursuant to ITB 31.3, the cost of all quantifiable nonmaterial
nonconformities shall be evaluated, but excluding omission of Priced schedule of
requirement.The Employer will make its own assessment of the cost of any nonmaterial
nonconformities and omissions for the purpose of ensuring fair comparison of bids.”]
2. Qualification
2.1 Eligibility
2.1.1 Nationality
Letter of
Nationality in must meet must meet must meet not
Technical Bid
accordance with requirement requirement requirement applicable
Forms
ITB sub-clause 4.2
ELI –1; ELI
–2
with
attachments
2.1.2 Conflict of Interest
Not having been must meet must meet must meet not Letter of
declared ineligible requirement requirement requirement applicable Technical Bid
by
government/DP,
as described in ITB
Sub-Clause 4.4.
Page 41 of 163
2.1.4 Government-owned Entity
Bidder required to must meet existing or must meet not Forms ELI - 1,
meet conditions of requirement intended JV requirement applicable ELI - 2, with
ITB Sub-Clause must meet attachments
4.5. requirement
2.1.5 UN Eligibility
Not having been must meet existing or must meet not Letter of
declared ineligible requirement intended JV requirement applicable Technical Bid
based on a United must meet
Nations resolution requirement
or Employer's
country law, as
described in ITB
Sub-Clause 4.8.
VAT and PAN must meet not must meet not Document
Registration requirement applicable requirement applicable attachment
certificate (only
for domestic
bidders)
Page 42 of 163
Combined Partner Partner
All pending must meet not must meet not Form LIT - 1
litigation shall be requirement applicable requirement by applicable
treated as by itself or itself or as
resolved against as partner partner to past
the Bidder and to past or or existing JV
so shall in total existing JV
not represent
more than 75
percent of the
Bidder's net
worth.
Submission of audited must meet not applicable must meet not Form FIN - 1
balance sheets and requirement requirement applicable with
income statements, for attachments
the last Three (3) years
to demonstrate the
current soundness of
the Bidder's financial
position. As a minimum,
a Bidder's net worth
calculated as the
difference between total
assets and total
liabilities should be
positive.
Page 43 of 163
Criteria Compliance Requirements Documents
Minimum average must meet must meet must meet must Form FIN -2
annual construction requirement requirement 25 % meet 40
turnover of NRs 150 %
of the
million, calculated as
requirement of the
total certified payments
requireme
received for
nt
construction contracts
in progress or
completed, within best
three years out of last
ten fiscal years.
Only the net amount shall be calculated after deducting the amount for VAT and such amount shall be adjusted
to present value by applying wholesale price index of Nepal Rastra Bank.
2.4 Experience
Page 44 of 163
management contractor for
at least the last five (5)
years prior to the
applications submission
deadline.
Note:
1. In case of Subcontractor or Management contractor, clients authenticated letter stating that the contractor was
evaluated during the bid evaluation process of the concerned contract stating percentage of subcontract shall be
submitted along with the experience letter. This note shall be applicable to 2.4.1,2.4.2 a) and 2.4.2 b)
Only the net amount shall be calculated after deducting the amount for VAT and such amount shall be adjusted
to present value by applying wholesale price index of Nepal Rastra Bank.
Contractor should Submit Successfully or Substantially completion Certificate.
Note: Substantially Completion: A contract will be regarded as substantially completed if the whole work
progress is at least 80% provided that it fulfills the intended use of the project. For example if the vehicular
traffic can be plied on the all bridge although some minor bridge works like river training, footpath, etc.
remaining can be considered as substantially completed.
Page 45 of 163
2.5 Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet the
following requirements:
In case the bidder proposes to consider Personnel that may be spared from committed/ongoing
contracts for evaluation, the bidder shall provide details of personnel which will be spared from such
committed/ongoing contracts based on the physical progress at the date of bid submission.
The Bidder shall provide details of the proposed personnel and their experience records in the
relevant Information Forms included in Section IV (Bidding Forms).
Page 46 of 163
2.6 Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:
In case the Bidder proposes to consider Equipment that may be spared from committed/ongoing
contracts for evaluation, the Bidder shall provide details of Equipment which will be spared from
committed / ongoing contracts clearly demonstrating the availability of such equipment with
respect to the physical progress of the ongoing contracts on the date of bid submission.
In case of Equipment to be leased/hired the same procedure as mentioned above shall apply.
The Bidder shall provide further details of proposed items of equipment using the relevant Form
in Section IV (Bidding Forms)
2.7 Subcontractors:
The experience and financial capacity of the sub-contractors shall not be added to those of the
Bidder for purposes of qualification of the Bidder.
The sub-contractors proposed shall be fully qualified for their work proposed, and meet the following
criteria:
(i) ………………………………..
(ii) ………………………………..
Note: Employer should specify the nature of work , if sub -contracting is permitted.
2) Average Annual Construction Turnover for the work being sub contracted should be at least
1.5 * V/T where V is the proposed value of sub contract and T is time in year. For contract
duration of up to 1 year, T shall be “1”.
3) Financial Resources: The sub contract must demonstrate that it has the financial resources
to meet its current contract commitment plus three months’ requirements for the sub
contracted work.
Page 47 of 163
Section IV: Bidding Forms
This Section contains the forms which are to be completed by the Bidder and submitted as part
of its Bid.
Page 48 of 163
Letter of Technical Bid
The Bidder must accomplish the Letter of Bid in its letterhead clearly showing the
Bidder’s complete name and address.
Date: .........................................................
To:…………………………………………………………………………………………………….....
(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 8.
(b) We offer to execute in conformity with the Bidding Documents the following Works:
(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of 120 days
from the date fixed for the bid submission deadline in accordance with the Bidding Documents,
and it shall remain binding upon us and may be accepted at any time before the expiration of
that period.
(d) Our firm, including any subcontractors or suppliers for any part of the Contract, have nationalities
from eligible countries in accordance with ITB 4.2 and meet the requirements of ITB 3.4, & 3.5
(e) We are not participating, as a Bidder or as a subcontractor, in more than one Bid in this bidding
process in accordance with ITB 4.3(e), other than alternative offers submitted in accordance
with ITB 13.
(f) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part
of the contract, has not been declared ineligible by DP, under the Employer’s country laws or
official regulations or by an act of compliance with a decision of the United Nations Security
Council;
(g) We are not a government owned entity/We are a government owned entity but meet the
requirements of ITB 4.5;1
(h) We declare that, we including any subcontractors or suppliers for any part of the contract do
not have any conflict of interest in accordance with ITB 4.3 and we have not been punished for
an offense relating to the concerned profession or business.
(i) We declare that we are solely responsible for the authenticity of the documents submitted by
us. The document and information submitted by us are true and correct. If any
document/information given is found to be concealed at a later date, we shall accept any legal
actions by the Employer.
(j) We agree to permit the Employer/DP or its representative to inspect our accounts and records
and other documents relating to the bid submission and to have them audited by auditors
appointed by the Employer.
Page 49 of 163
(k) If our Bid is accepted, we commit to mobilizing key equipment and personnel in accordance
with the requirements set forth in Section III (Evaluation and Qualification Criteria) and our
technical proposal, or as otherwise agreed with the Employer.
(l) We are committed to submit the Letter of Commitment for Bank’s Undertaking for Line of Credit
of NRs 28.30 Millions at the time of contract agreement, if the bid is awarded to us.
Name: .................................................................................................
Signed …………………………………………………………...
Date …………………………………………………………....
Page 50 of 163
Letter of Price Bid
The Bidder must accomplish the Letter of Bid in its letterhead clearly showing the
Bidder’s complete name and address.
Date: .........................................................
To:…………………………………………………………………………………………………….....
(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) Clause 8;
(b) We offer to execute in conformity with the Bidding Documents the following Works:
(c) The total price of our Bid, excluding any discounts offered in item (d) below is: NRs.
…………………………………………..; or when left blank is the Bid Price indicated in the Bill of
Quantities.
(d) The discounts offered and the methodology for their application
are:……………………………………………..
(e) Our bid shall be valid for a period of [insert validity period as specified in ITB 18.1] days from
the date fixed for the bid submission deadline in accordance with the Bidding Documents, and it
shall remain binding upon us and may be accepted at any time before the expiration of that
period;
(f) If our bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Document;
(g) We have paid, or will pay the following commissions, gratuities, or fees with respect to the
bidding process or execution of the Contract:1
Name of Recipient Address Reason Amount
(h) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed;
(i) We understand that you are not bound to accept the lowest evaluated bid or any other bid that
you may receive; and
Page 51 of 163
(j) We declare that we are solely responsible for the authenticity of the documents submitted by
us.
(k) We agree to permit the Employer/DP or its representative to inspect our accounts and records
and other documents relating to the bid submission and to have them audited by auditors
appointed by the Employer.
Name: ..............................................................................................
Signed …………………………………………………………...
Date …………………………………………………………....
Page 52 of 163
Table of Price Adjustment Data
[To be used if Price Adjustment is applicable as per GCC 53.1]
Employer's
Base Bidder's
Source Proposed
Index Value Proposed
Code of Weighting
Description and Weighting
Index* Range
Date (coefficient)**
(coefficient)
1 2 3 4 5 6
Non -
0.15 0.15
Adjustable (A)
0.15 -0.25
Labor (b)
0.30 -0.40
Materials (c)
Equipment
0.20 -0.30
usage (d)
Total 1.00 1.00
(a) Labor: "National Salary and Wage Rate Index"- "Construction Labor" of Nepal Rastra Bank
(b) Material:"National Wholesale Price Index" - Construction Materials" of Nepal Rastra Bank
(c) Equipment usage: "National Wholesale Price Index" - Machinery and Equipment " of Nepal
Rastra Bank
* Bidders proposed weightings should be within the range specified by the Employer in column - 5
Page 53 of 163
Table of Price Adjustment Data
[To be used if Price Adjustment is applicable as per GCC 53.6]
(Not applicable)
** Base Price and source normally to be specified by Employer (or alternatively informed to be
proposed by bidder) in column 4 and 5.
Note:
The base prices of the construction materials shall be taken as of 30 days before the deadline for submission
of the Bid as quoted by the Bidder and verified by the Employer. For the purpose of calculation of price
adjustment, the Ex-factory price of the same source shall be taken into consideration.
Page 54 of 163
Bid Security
Bank Guarantee
Bank’s Name, and Address of Issuing Branch or Office
(On Letter head of the Commercial bank or any Financial Institution eligible to issue Bank
Guarantee as per prevailing Law)
Beneficiary: .............................. name and address of Employer ………………………………
Date: ……………………………………………Bid Security No.: ..............................................
We have been informed that. …………. [insert name of the Bidder] (hereinafter called “the
Bidder”)intends to submit its bid (hereinafter called “the Bid”) to you for the execution of
…………...name of Contract . …………… under Invitation for Bids No. ……………… (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
guarantee.
At the request of the Bidder, we…………………. . name of Bank ……………….. hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . .
………...amount in figures ………………………. (. …………..amount in words ……………….)
upon receipt by us of your first demand in writing accompanied by a written statement stating that
the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn or modifies its Bid:
i) during the period of bid validity specified by the Bidder on the Letter of Technical and Price
Bid, in case of electronic submission
(ii) from the period twenty-four hours prior to bid submission deadline up to the period of bid
validity specified by the Bidder on the Letter of Technical Bid and Price Bid, in case of hard copy
submission; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) changes the prices or substance of the bid while providing information pursuant to clause 27.1
of ITB; or
(d) having been notified of the acceptance of its Bid by the Employer during the period of bid
validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish
the performance security, in accordance with the ITB.
(e) is involved in fraud and corruption in accordance with the ITB
This guarantee will remain in force up to and including the date ………number…………days
after the deadline for submission of Bids as such deadline is stated in the instructions to Bidders
or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived.
Any demand in respect of this guarantee should reach the Bank not letter than the above date.
This Bank guarantee shall not be withdrawn or released merely upon return of the original guarantee
by the Bidder unless notified by you for the release of the guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
. . .Bank’s seal and authorized signature(s) . . .
Note:
The bid security of ………..……………. has been counter guaranteed by the Bank ……..………..…… on
…………... ........................................ ...……..………. (Applicable for Bid Security of Foreign Banks).
Page 55 of 163
Letter of Commitment for Bank’s Undertaking for Line
of Credit
Bank’s Name, and Address of Issuing Branch or Office
(On Letter head of the Commercial bank or any Financial Institution eligible to issue Bank
Guarantee as per prevailing Law)
Contract No:
Name of Contract :
To:
Signature Signature
Page 56 of 163
Technical Proposal Format
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
Page 57 of 163
Personnel
Form PER - 1: Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified
requirements for each of the positions listed in Section III (Evaluation and Qualification Criteria). The
data on their experience should be supplied using the Form below for each candidate.
Academic Experience
Total Work
Qualification in Similar
No. Name Position* Experience
Works
[Years]
[years]
1.
2.
3.
4.
5.
Page 58 of 163
Form PER - 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be used
for evaluation.
Position*
Personal Information Name Date of Birth
Professional qualifications
Present employment Name of employer
Address of employer
Telephone Contact (manager/personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience over the last twenty years in reverse chronological order.
Indicate particular technical and managerial experience relevant to the project.
Note:
In case of e-submission the Resume of Proposed Personnel shall be submitted on notification by the Employer
as per ITB 27.
Page 59 of 163
Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet
the requirements for the key equipment listed in Section III (Evaluation and Qualification Criteria).
A separate Form shall be prepared for each item of equipment listed, or for alternative equipment
proposed by the Bidder. The Bidder shall provide all the information requested below, to the extent
possible. Fields with asterisk (*) shall be used for evaluation.
(i) For the equipment under Bidder's ownership
1.
2.
3.
4.
5.
Type of Equipment*
Page 60 of 163
The following information shall be provided only for equipment not owned by the Bidder.
Address of owner
Fax email
the project
The Bidder shall be solely responsible for the data provided. However, this shall not
limit the right of Employer to verify the authenticity of submitted information.
Note:
In case of e-submission the “Agreements” shall be submitted on notification by the Employer as per ITB 27.1
Page 61 of 163
Bidder’s Information and Qualification Format
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
Page 62 of 163
Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III (Evaluation
and Qualification Criteria) the Bidder shall provide the information requested in the corresponding
Information Sheets included hereunder.
Bidder's Information
constitution
mail address)
1. In case of single entity, articles of incorporation or constitution of the legal entity named
above, in accordance with ITB 4.1 and 4.2.
2. Authorization to represent the firm or JV named in above, in accordance with ITB 20.2.
3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
4. In case of a government-owned entity, any additional documents not covered under 1 above
required to comply with ITB 4.5.
Page 63 of 163
Form ELI - 2: JV Information Sheet
Each member of a JV must fill in this form
JV Partner's or
JV Partner's or
JV Partner's or
constitution
JV Partner's or
Page 64 of 163
Form LIT - 1: Pending Litigation
Pending Litigation
No pending litigation in accordance with Criteria 2.2 of Section III (Evaluation and
Qualification Criteria)
Pending litigation in accordance with Criteria 2.2 of Section III (Evaluation and Qualification
Criteria)
Value of Pending
Value of Pending Claim as a
Year Matter in Dispute
Claim in NRS Percentage on Net
Worth
Page 65 of 163
Form FIN - 1: Financial Situation
Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities
Total Revenues
o Attached are copies of financial statements (balance sheets including all related notes, and income
statements) for the last three or above years, as indicated above, complying with the following
conditions.
o All such documents reflect the financial situation of the Bidder or partner to a JV, and not sister
or parent companies.
o Historic financial statements must be audited by a certified auditor.
o Historic financial statements must be complete, including all notes to the financial statements.
o Historic financial statements must correspond to accounting periods already completed and audited
(no statements for partial periods shall be requested or accepted).
Note:
In case of e-submission the attachments should not be uploaded but shall be submitted on
notification by the Employer as per ITB 27.1
Page 66 of 163
Form FIN - 2: Average Annual Construction Turnover
The information supplied should be the Annual Turnover of the Bidder or each member of a JV
in terms of the amounts billed to clients for each year for work in progress or completed to NRs at
the end of the period reported.
Page 67 of 163
Form FIN - 3: Bid Capacity
A = Average Annual Turnover of best three years out of last ten fiscal years.
B = Annual Value of the existing commitments and works (ongoing) to be completed, calculated
from FIN-4.
A, in B, in Bid Capacity,
SN Name of Bidder Pan No.
Million Million in Million
Signature of Bidder
Page 68 of 163
Form FIN-4: Current Contract Commitments / Works in Progress
Bidders and each partner to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter
of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be
issued.
Current Contract Commitments ( For Calculation of B with reference of FIN-3)
Initial or Value of Estimated Time in
Contract
Employer's Contract Revised outstanding Month to Complete the
Contract Amount
Name of Name of the Contact Date Contract works outstanding works
No. Share in % in
Contract Contractor/s Address, (yyyy-mm) Duration [In Millions, (f) = (c) + (d) – Date of
(a) Millions
Tel, Fax (c) (months) NRS ]# Invitation of Bid
(b)
(d) (e) (f)
1
Signature of Bidder
# The Outstanding Works means Contract Price (excluding Vat) minus Work Evaluated by Employer till the reference date. Bidder shall have to
submit the relevant documentary evidence to substantiate the facts/figures.
( e) ( a )
Note 1: “B” shall be calculated as : B x12 , If (f) is less than 12, then value of (f) shall be taken as 12.
(f)
Page 69 of 163
Note 2: If Initial or Revised Contract Date is run out with respect to Date of Invitation of Bid, the Estimated Time in Mont h to Complete the
outstanding works shall be taken equal to 12 months.
Page 70 of 163
Form EXP - 1: General Construction Experience
Each Bidder or member of a JV must fill in this form.
Page 71 of 163
Form EXP - 2(a): Specific Construction Experience
Description of the similarity in accordance with Criteria 2.4.2 (a) of Section III
Note :
The Employer should insert here contract
size, complexity, methods, technology, or
other characteristics as described in
Section VI (Work Requirements) against
which the bidder demonstrates similarity
in the box on the right-hand-side.
Page 72 of 163
Form EXP - 2(b): Specific Construction Experience in Key Activities
Role in Contract
Contractor Management Subcontractor
Contractor
Employer's Name
Address
Telephone/Fax
Number
E-mail
Description of the similarity in accordance with Criteria 2.4.2 (a) of Section III
Note :
The Employer should insert here production
rate(s) for the key activity (activities) subject
contract against which the bidder
demonstrates in the box on the right-hand-
side production rates achieved by him on
previous contracts.
Page 73 of 163
Section V - Eligible Countries
Page 74 of 163
Part II : BIDDING PROCEDURES
Page 75 of 163
Table of Clauses
Employer's Requirements and Specifications .............................................................................. 78
Specifications............................................................................................................................. 78
Page 76 of 163
Section VI: Works Requirements
This Section contains the Specification, the Drawings, and supplementary information
that describe the Works to be procured.
Page 77 of 163
Employer's Requirements and Specifications
Specifications
Samples of specifications from previous similar projects are useful in this respect. The use of metric
units is encouraged by the Funding Agency in case of funding assisted projects. Most specifications
are normally written specially by the Employer or Project Manager to suit the Contract Works in
hand. The available standard specification of works of Ministry of Physical Infrastructure and
Transport, DoR and Other line Ministries can be adopted for respective civil construction works.
There are considerable advantages in standardizing General Specifications for repetitive Works
in recognized public sectors, such as highways, urban housing, irrigation, and water supply,
in the same country or region where similar conditions prevail. The General Specifications should
cover all classes of workmanship, materials, and equipment commonly involved in construction,
however it may not necessarily be adequate to be used in a particular Works Contract and may
necessitate preparation of Particular (Special) Specifications to amend and or supplement the
provision of the General Specifications to meet the requirement of the particular Works.
Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification
of standards for goods, materials, and workmanship, recognized international standards should
be used as much as possible. Where other particular standards are used, whether national
standards of Nepal or other standards, the specifications should state that goods, materials, and
workmanship that meet other authoritative standards, and which ensure substantially equal or
higher quality than the standards mentioned, will also be acceptable.
Employers should decide whether technical solutions to specified parts of the Works are to be
permitted. Alternatives are appropriate in cases where obvious (and potentially less costly)
alternatives are possible to the technical solutions indicated in the Procurement Documents for
certain elements of the Works, taking into consideration the comparative specialized advantage of
potential bidders. For example:
The Employer should provide a description of the selected parts of the Works with appropriate
references to Drawings, Specifications, Bill of Quantities, and Design or Performance criteria, stating
that the alternative solutions if applicable shall be at least structurally and functionally
Page 78 of 163
equivalent to the basic design parameters and specifications.
Such alternative solutions shall be accompanied by all information necessary for a complete
evaluation by the Employer, including drawings, design calculations, technical specifications,
breakdown of prices, proposed construction methodology, and other relevant details.
These Notes for Preparing Specifications are intended only as information for the Employer or the
person drafting the Procurement Documents. They should not be included in the final documents.
Page 79 of 163
1. Specifications for Design, Material, Workmanship and Procedure
Page 80 of 163
IRC:SP 23-1983 Vertical Curves for Highways
The Contractor shall obtain the Specification Documents listed above at the Contractor's own cost.
If any matter is not covered by the documents listed above the Contractor may propose a relevant
standard document for the particular work subject to approval by the Employer.
1.3.1 The Design Report shall include but may not be limited to the followings:
Page 81 of 163
c) Reports on Geotechnical investigations and calculation of the bearing capacity according
to the IRC Code of Practice.
d) Design calculations of the various elements of the bridge, approach roads and river
training works
a) Size: All the drawings shall be presented in sheets not less than size A3 bound properly.
b) Contents of the drawings: The drawings shall show all necessary elements of the
permanent works and their dimensions. The Drawings shall include but may not be limited
to the followings:
3) General arrangement of the bridge showing bridge in plan and profile with
Levels of the bridge deck, soffit, Highest Flood Level, Existing bed level,
Maximum depth of scour, levels of foundations etc.
6) Working drawings of the approach roads (Plan, Profile and cross sections)
c) The Drawings shall be presented in clear legible format with size of lettering anywhere
in the drawings not less than 2.0 mm.
1.3.3 The contractor shall arrange presentation after submission of Draft Report of the
complete design at venue suggested by DoR. The presentation team shall include at least
Bridge Engineer, Geotechnical Engineer, Hydrologist involved in design.
The location of the bridge site is determined by the Employer and given in the Contract
Data. The Contractor is not allowed to change the bridge site without prior approval of the
Employer.
The bridge and the span arrangement shall provide a clear waterway between the extreme
edges of the abutments facing the river side deducting widths of all the intermediate piers
or any other structures or obstructions, at the Highest Flood Level. The design shall
Page 82 of 163
provide minimum Clear Waterway and/or minimum Clear Length of any span as specified
in the Contract Data.
Pursuant to the ACC Clause 11.4, during the detailed design if the required length of the
bridge or the clear waterway is found to be unnecessarily larger /or less than specified in
the Contract Data, then the Contractor may propose a suitable length with proper
justifications. However, such modification of the bridge length provided in the contract
data shall be approved by the employer.
The minimum width of the carriageway, number and width of the footpath(s) shall be as
specified in the Contract Data.
As indicated in the Contract Data the Employer may provide design of railings and kerbs.
The Contractor may submit an alternate design of these items and shall obtain approval
from the client before supply or construction.
1.4 Tests for acceptance of the bridge and/or elements of the bridge
a) Open Foundation – The Employer may ask to carry out additional soil test after
completion of excavation for the foundation, if the soil type is found to be different than
shown in the approved design. The additional tests may include the following tests:
i. SPT or DCPT
ii. Soil Sampling (Undisturbed sampling)
iii. Index Tests: Liquid Limit, Plastic Limit
iv. Moisture Content
v. Bulk and Dry Density
vi. Unconfined Compression Test
vii. Direct Shear Test
viii. Any other test required depending upon the type of the soil
The Bearing Capacity of the bed soil shall be re-evaluated based on the test results and the
type, depth and/or dimension of the foundation shall be revised if found necessary.
b) Well Foundation – The Employer may ask for additional tests on the soil of founding
bed after sinking of the well is completed, if the soil type is found to be different than
shown in the approved design. The additional tests may include the following tests:
i. SPT or DCPT
ii. Soil Sampling
iii. Index Tests: Liquid Limit, Plastic Limit
iv. Moisture Content
v. Bulk and Dry Density
vi. Unconfined Compression Test
vii. Direct Shear Test (if undisturbed soil sampling is possible)
viii. Any other test required depending upon the type of the soil
Page 83 of 163
The depth of the well foundation may be increased or the founding soil modified suitably
if the test results show unfavorable condition for foundation.
In case of RCC or PCC well foundation the Employer may ask to carry out concrete core
sampling of the well staining before sinking. The core sample shall be subjected to
compressive strength test.
i. Pile Integrity Test (Profile Analysis and Beta Analysis) and Standard
Load Test as specified shall be carried out on Pilot Pile for each
foundation before casting/driving of working piles. The design of pile
foundation maybe revised if the test shows unfavorable conditions.
ii. Pile Integrity Test (Profile Analysis and Beta Analysis) on each
working piles in each foundation
iii. Standard Load Test as specified on any one randomly selected
working pile of each foundation. The Employer shall select the pile
for testing.
iv. In case of RCC piles the Employer may ask to carry out core sampling
and testing of the working piles.
The contractor shall perform the tests as per approved quality Assurance Plan and shall
maintain all the test results.
Apart from the regular tests according to approved Quality Assurance Plan the Employer
may ask to carry out the following additional tests on substructure before accepting the
work:
i. Test of material
ii. Core sampling and testing in case of concrete elements
iii. Other non-destructive tests as appropriate
Apart from the regular tests according to approved Quality Assurance Plan, upon
Completion of the Superstructure, the Bridge shall be subject to Proof Load Test according
to the following guidelines, as appropriate:
Page 84 of 163
As specified in the Standard Specifications for Road and Bridge Works, 2073,
published by Department of Roads.
As specified in the Standard Specifications for Road and Bridge Works, 2073,
published by Department of Roads.
The safety of existing road and traffic operation during investigation and construction shall be the
responsibility of the contractor. Any damage and/or threat to the safety of the existing
structure/road due to construction of the bridge, the contractor require to repair those damage/s
promptly to warrant safety of the road. If damage results in traffic disruption, the contractor may
require to restore back traffic movement even by providing diversion. None of these activities
entitle the contractor to claim for any financial compensation.
A satisfactory code of conduct will contain obligations on all Contractor’s Personnel (includ ing
sub-contractors and day workers) that are suitable to address the following issues, as a minimum.
Additional obligations may be added to respond to particular concerns of the region, the location
and the project sector or to specific project requirements. The code of conduct shall contain a
statement that the term “child” / “children” means any person(s) under the age of 18 years.
Page 85 of 163
7. Violence, including sexual and/or gender-based violence (for example acts that inflict
physical, mental or sexual harm or suffering, threats of such acts, coercion, and deprivation
of liberty)
8. Exploitation including sexual exploitation and abuse (for example the prohibition of the
exchange of money, employment, goods, or services for sex, including sexual favors or
other forms of humiliating, degrading or exploitative behavior or abuse of power)
9. Protection of children (including prohibitions against sexual activity or abuse, or otherwise
unacceptable behavior with children, limiting interactions towards children, and ensuring
their safety in project areas)
10. Sanitation requirements (for example, to ensure workers use specified sanitary facilities
provided by their employer and not open areas)
11. Avoidance of conflicts of interest (such that benefits, contracts, or employment, or any sort
of preferential treatment or favors, are not provided to any person with whom there is a
financial, family, or personal connection)
12. Respecting reasonable work instructions (including regarding environmental and social
norms)
13. Protection and proper use of property (for example, to prohibit theft, carelessness or waste)
14. Duty to report violations of this Code
15. Non retaliation against workers who report violations of the Code, if that report is made in
good faith.
The Code of Conduct should be written in plain language comprehensible to the workers and
signed by each worker to indicate that they have:
received a copy of the code;
had the code explained to them;
acknowledged that adherence to this Code of Conduct is a condition of employment; and
understood that violations of the Code can result in serious consequences, up to and
including dismissal, or referral to legal authorities.
A copy of the code shall be displayed in a location easily accessible to the community and
project affected people. It shall be provided in languages comprehensible to the local
community, Contractor’s Personnel, Employer’s Personnel and affected persons.
Road markings and paintings, bridge painting, and traffic safety works:
The approach road shall be painted with centre-line and edge markings, bridge kerb and
railings shall be painted, and bridge name post, and other appropriate retro-reflector ized
traffic signs as per relevant guidelines and manuals of Department of Roads. The cost of
such works shall be loaded in appropriate item in Breakdown of Costs. In addition, the
approach roads shall be provided with steel crash barriers as provisioned in Breakdown of
Costs.
The access-road to the bridge-site that may be required to be newly opened during
construction of bridges shall be paved; bituminous paved for a minimum length from the
existing highway and other suitable pavement layers for remaining length of access road;
such that no soil/sand/gravel/dust particles litter the existing road surface.
Page 87 of 163
Checklist for Road Safety Works
In addition to Department of Roads’ Standard Specifications for Road and Bridge Works,
following checklist shall be applicable for all activities relevant to road safety works implied in
the contract. If Department of Roads publishes any further guidelines, those shall also be
applicable.
Item Requirement
Note: The Checklist for OCHS and Weightage for Compilance monitoring has been
provided in Annex 1
Page 88 of 163
SPECIFIED PROVISIONAL SUMS FOR ESHS OUTCOMES
The total of the prices of the activities in the Activity Schedule is the Bidder’s offer to complete
the works on a “single responsibility” basis. This includes all of the Contractor’s ESHS
obligations under the Contract.
Provisional sums may be specified by the Employer for achieving specific ESHS outcomes. (e.g.
for HIV counselling service, and GBV/SEA awareness and sensitization or to encourage the
contractor to deliver ESHS outcomes beyond the requirement of the Contract).
Page 89 of 163
Drawings
Not Applicable
Page 90 of 163
Supplementary Information
Not Applicable
Page 91 of 163
Section VI: Bill of Quantities/Schedule of Requirements/
Breakdown of Cost2
In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient
detail to distinguish between the different classes of Works, or between Works of the same nature
carried out in different locations or in other circumstances which may give rise to different
considerations of cost. Consistent with these requirements, the layout and content of the Bill of
Quantities should be as simple and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
d) Provisional Sums; and
(d) Summary.
Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the methods
of measurement which have been adopted in the preparation of the Bill of Quantities and which
are to be used for the measurement of any part of the works.
Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those
parts of the Works which by nature, location, access, timing, or any other special characteristics
may give rise to different methods of construction, or phasing of the Works, or considerations of
cost. General items common to all parts of the works may be grouped as a separate section in
the Bill of Quantities.
2 In lump sum contracts, delete “Bill of Quantities” and replace with “Schedule of Activities” throughout this section.
Page 92 of 163
realism of rates quoted by the Bidders, the Day work Schedule should normally comprise the
following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day
work rates or prices are to be inserted by the Bidder, together with a statement of the
conditions under which the Contractor will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates
as bid. The rate to be entered by the Bidder against each basic Day work item should include
the Contractor’s profit, overheads, supervision, and other charges.
Provisional Sums
Provisional Sums included and so designated in the Bill of Quantities shall be expended in
whole or in part at the direction and discretion of the Project Manager in accordance with the
Conditions of Contract.
Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried
forward, with provisional sums for Day work, for physical (quantity) contingencies, and for price
contingencies (upward price adjustment) where applicable.
Page 93 of 163
Preamble of Bill of Quantities
A. General
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, General and
Special Conditions of Contract, Technical Specifications, and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are given
to provide a common basis for bidding. The basis of payment will be the actual quantities
of work ordered and carried out, as measured by the Contractor and verified by the Project
Manager and valued at the rates and prices bid in the priced Bill of Quantities, where
applicable, and otherwise at such rates and prices as the Project Manager may fix within the
terms of the Contract.
3. For any item for which measurement is based on records made before or during construction
the records shall be prepared and agreed between the Engineer and the Contractor. Should the
Contractor carry out such work without the prior agreement of the Engineer, the Engineer may
request the Contractor to carry out investigations to confirm the extent of the work and the
quantity of work certified for payment shall be solely at the Engineer's discretion. The cost of any
such investigation shall be borne by the Contractor.
4. The rates and prices bid in the priced Bill of Quantities shall, except as otherwise provided
under the Contract, include all construction equipment, labor, supervision, materials, erection,
maintenance, insurance, profit, taxes, and duties, together with all general risks, liabilities, and
obligations set out or implied in the Contract.
5. A rate or price shall be entered against each item in the priced Bill of Quantities, whether
quantities are stated or not. The cost of items against which the Contractor has failed to enter
a rate or price shall be deemed to be covered by other rates and prices entered in the Bill of
Quantities.
6. The whole cost of complying with the provisions of the Contract shall be included in the Items
provided in the priced Bill of Quantities, and where no Items are provided, the cost shall be
deemed to be distributed among the rates and prices entered for the related Items of Work.
7. General directions and descriptions of work and materials are not necessarily repeated nor
summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering prices against each item in the priced Bill of
Quantities. The Specification Clause references where given in the item description of the Bills
of Quantities are for the convenience of bidders and generally refer to the principal relevant-
specification clause but do not necessarily represent the whole of the specification requirements
for the work required within the item. The presence of a Specification clause reference shall not
in any way reduce the Bidders obligation to complete work in accordance with all the
requirements of the Specification.
8. Provisional Sums included and so designated in the Bill of Quantities shall be expended in
whole or in part at the direction and discretion of the Project Manager in accordance with the
Conditions of Contract.
9. The method of measurement of completed work for payment shall be in accordance with the
Specifications.
10. The abbreviations and symbols used in this Bill of Quantities are:[Insert as applicable]
Page 94 of 163
B. Day work Schedule
a)General
1. Work shall not be executed on a day work basis except by written order of the Project Manager.
Bidders shall enter basic rates for day work items in the Schedules. These rates shall apply to
any quantity of day work ordered by the Project Manager. Nominal quantities have been indicated
against each item of day work, and the extended total for day work shall, be carried forward as a
Provisional Sum to the Summary Total Bid Amount. Unless otherwise adjusted, payments for day
work shall be subject to price adjustment in accordance with the provisions in the Conditions of
Contract.
b) Day work Labor
1. In calculating payments due to the Contractor for the execution of day works, the hours for labor
will be reckoned from the time of arrival of the labor at the job site to execute the particular item
of day work to the time of departure from the job site, but excluding meal breaks and rest periods.
Only the time of classes of labor directly doing work ordered by the Project Manager and are
competent to perform such work will be measured. The time of gangers (charge hands) actually
doing work with the gangs will also be measured but not the time of foremen or other supervisory
personnel.
2. The Contractor shall be entitled to payment in respect of the total time that labor is employed on
day work, calculated at the basis rates entered by it in the " SCHEDULE OF DAY WORK RATES:
1. LABOR". The rates for labor shall be deemed to cover all costs to the Contractor including (but
not limited to) i) the amount of wages paid to such labor, transportation time, overtime,
subsistence allowances, ii) any sums paid to or on behalf of such labor for social benefits in
accordance with Nepal law, iii) Contractor's profit, overheads, superintendence, liabilities and
insurance and iv) charges incidental to the foregoing.
c) Day work Equipment
1. The Contractor shall be entitled to payments in respect of Constructional Plant already on site
and employed on day work at the basis rental rates entered by him in the “SCHEDULE OF DAY
WORK RATES:2 EQUIPMENT ”. The said rates shall be deemed to include due and complete
allowance for depreciation, interest, indemnity and insurance, repairs, maintenance, supplies,
fuel, lubricant, and other consumables and all overhead, profit and administrative costs related to
the use of such equipment. The cost of drivers, operators and assistants also shall be included
in the rate of the equipment and no separately payment shall be made for it.
2. In calculating the payment due to the Contractor for Constructional Plant employed on day work,
only the actual number of working hours will be eligible for payment, except that where applicable
and agreed with the Project Manager, the travelling time from the part of the Site where the
Construction Plant was located when ordered by the Project Manager to be employed on day
work and the time for return journey there to shall be included for payment.
d) Day work Materials
1. The Contractor shall be entitled to payment in respect of materials used for day work (except for
materials for which the cost is included in the percentage addition to labor costs as detailed
heretofore), at the rates entered by him in the "SCHEDULE OF DAY WORK RATES: 3
MATERIALS" and shall be deemed to include overhead charges and profit as follows;
(i) the rates for materials shall be calculated on the basis of the invoiced price, freight, insurance,
handling expenses, damage, losses, etc. and shall provide for delivery to store for stockpiling
at the Site.
(ii) the cost of hauling materials for use on work ordered to be carried out as day work, from the
store or stockpile on the Site to the place where it is to be used also shall be include in the
same rate.
Page 95 of 163
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a
provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible
price increases should be provided as a provisional sum in the Summary Bill of Quantities. The
inclusion of such provisional sums often facilitates budgetary approval by avoiding the need to
request periodic supplementary approvals as the future need arises. Where such provisional sums
or contingency allowances are used, the SCC should state the manner in which they will be used,
and under whose authority (usually the Project Manager’s).
The estimated cost of specialized work to be carried out, or of special goods to be supplied, by
other contractors should be indicated in the relevant part of the Bill of Quantities as a particular
provisional sum with an appropriate brief description. A separate procurement procedure is
normally carried out by the Employer to select such specialized contractors. To provide an element
of competition among the Bidders in respect of any facilities, amenities, attendance, etc., to be
provided by the successful Bidder as prime Contractor for the use and convenience of the
specialist contractors, each related provisional sum should be followed by an item in the Bill of
Quantities inviting the Bidder to quote a sum for such amenities, facilities, attendance, etc.
Page 96 of 163
Bill of Quantities/ Schedule of Requirements/Breakdown of Costs
Page 97 of 163
Part III: CONDITIONS OF CONTRACT
AND CONTRACT FORMS
Page 98 of 163
Table of Clauses
A. General........................................................................................................................ 102
1. Definitions .............................................................................................................................102
2. Interpretation ........................................................................................................................104
3. Language and Law...............................................................................................................104
4. Contract Agreement .............................................................................................................104
5. Assignment...........................................................................................................................104
6. Care and Supply of Documents ...........................................................................................105
7. Confidential Details ..............................................................................................................105
8. Compliance with Laws .........................................................................................................105
9. Joint and Several Liability ....................................................................................................105
10. Project Manager's Decisions .............................................................................................106
11. Delegation ..........................................................................................................................106
12. Communications ................................................................................................................106
13. Subcontracting ...................................................................................................................106
14. Other Contractors...............................................................................................................106
15 Personnel and Equipment...................................................................................................106
16. Employer’s and Contractor's Risk......................................................................................107
17. Employer’s Risks...............................................................................................................107
18. Contractor’s Risks .............................................................................................................107
19. Insurance ..........................................................................................................................107
20. Site Investigation Reports .................................................................................................108
21. Contractor to Construct the Works ....................................................................................108
22. The Works to Be Completed within intended Completion Date .......................................108
23. Design by contractor and Approval by the Project Manager ............................................108
24. Safety, Security and Protection of the Environment..........................................................108
25. Discoveries........................................................................................................................109
26. Possession of the Site ......................................................................................................109
27. Access to the Site .............................................................................................................109
28. Instructions, Inspections and Audits .................................................................................109
29. Dispute Settlement............................................................................................................110
30. Procedures for Disputes ...................................................................................................110
B. Staff and Labor ..................................................................................................................... 110
1.2. Throughout the execution of the Contract, the Contractor shall comply
with the import of goods and services prohibitions in the Employer’s
country when
(a) by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrower’s Country prohibits any import of
goods from, or any payments to, a particular country, person, or
entity. Where the borrower’s country prohibits payments to a
particular firm or for particular goods by such an act of compliance,
that firm may be excluded.
4. Contract
4.1 The Parties shall enter into a Contract Agreement within 15 days after
Agreement the Contractor receives the Letter of Acceptance, unless the Special
Conditions establish otherwise. The Contract Agreement shall be
based upon the attached Contract forms in Section X.
5. Assignment
5.1 Neither Party shall assign the whole or any part of the Contract or any
benefit or interest in or under the Contract. However, either Party
6.2 Each of the Contractor’s Documents shall be in the custody and care
of the Contractor, unless and until taken over by the Employer. Unless
otherwise stated in the Contract, the Contractor shall supply to the
Engineer six copies of each of the Contractor’s Documents.
6.3 The Contractor shall keep, on the Site, a copy of the Contract,
publications named in the Specification, the Contractor’s Documents
(if any), the Drawings and Variations and other communications given
under the Contract. The Employer’s Personnel shall have the right of
access to all these documents at all reasonable times.
6.4 If a Party becomes aware of an error or defect in a document which
was prepared for use in executing the Works, the Party shall promptly
give notice to the other Party of such error or defect.
7. Confidential
7.1 The Contractor’s and the Employer’s Personnel shall disclose all such
Details confidential and other information as may be reasonably required in
order to verify the Contractor’s compliance with the Contract and allow
its proper implementation.
7.2 Each of them shall treat the details of the Contract as private and
confidential, except to the extent necessary to carry out their respective
obligations under the Contract or to comply with applicable Laws. Each
of them shall not publish or disclose any particulars of the Works
prepared by the other Party without the previous agreement of the
other Party. However, the Contractor shall be permitted to disclose
any publicly available information, or information otherwise required to
establish his qualifications to compete for other projects.
11. Delegation
11.1 The Project Manager may delegate any of his duties and responsibilities
to other people after notifying the Contractor, and may cancel any
delegation after notifying the Contractor.
12.
12.1 Communications between parties that are referred to in the Conditions
Communications shall be effective only when in writing. A notice shall be effective only
when it is delivered.
13. Subcontracting
13.1 For GoN Funded:
A list of approved Subcontractors including its value/works is included as
Article 2 (k) of contract Agreement. Approval by the Employer for any of
the Subcontractors shall not relieve the Contractor from any of its
obligations, duties, or responsibilities under the contract.
For DP Funded :
The Contractor may subcontract with the approval of the Project Manager,
but may not assign the Contract without the approval of the Employer in
writing. Subcontracting shall not alter the Contractor’s obligations.
Bidders may propose subcontracting up to the percentage of total
value of contracts as specified in the SCC. The Sub contractor shall
meet the qualification requirement as specified in SCC.
14. Other
14.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employer between the
dates given in the Schedule of Other Contractors, as referred to in the
SCC. The Contractor shall also provide facilities and services for them
as described in the Schedule. The Employer may modify the Schedule
of Other Contractors, and shall notify the Contractor of any such
modification
15 Personnel and
15.1 The Contractor shall employ the key personnel and use the
Equipment
equipment identified in its Bid to carry out the Works, or other
personnel and equipment approved by the Project Manager. The Project
Manager shall approve any proposed replacement of key personnel and
equipment only if their relevant qualifications or characteristics are
substantially equal to or better than those proposed in the Bid.
15.2 If the Project Manager asks the Contractor to remove a person who is a
member of the Contractor’s staff or work force, stating the reasons, the
Contractor shall ensure that the person leaves the Site within seven
days and has no further connection with the work in the Contract.
15.3 If the Employer, Project Manager, or Contractor determines, that any
employee of the Contractor be determined to have engaged in corrupt,
fraudulent, collusive, coercive, or other prohibited practices during the
21. Contractor to
21.1 The Contractor shall construct and install the Works in accordance with
Construct the the Specifications and Drawings.
Works
33. Non-
34.1 The Contractor shall not make employment decisions on the basis of
discrimination and personal characteristics unrelated to inherent job requirements. The
Equal Opportunity Contractor shall base the employment relationship on the principle of
equal opportunity and fair treatment, and shall not discriminate with
respect to aspects of the employment relationship, including
recruitment and hiring, compensation (including wages and benefits),
working conditions and terms of employment, access to training,
promotion, termination of employment or retirement, and discipline. In
countries where national law provides for non-discrimination in
employment, the Contractor shall comply with national law. When
national laws are silent on nondiscrimination in employment, the
Contractor shall meet this Sub clause's requirements. Special
measures of protection or assistance to remedy past discrimination or
selection for a particular job based on the inherent requirements of the
job shall not be deemed discrimination.
B. Time Control
34. Program
34.1 Within the time stated in the SCC, after the date of the Letter of
Acceptance, the Contractor shall submit to the Project Manager for
approval a Program showing the general methods, arrangements, order,
and timing for all the activities in the Works. In the case of a lump sum
contract, the activities in the Program shall be consistent with those in
the Activity Schedule.
38. Management
38.1 Either the Project Manager or the Contractor may require the other to
Meetings attend a management meeting. The business of a management
meeting shall be to review the plans for remaining work and to deal with
matters raised in accordance with the early warning procedure.
38.2 The Project Manager shall record the business of management
meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties for
actions to be taken shall be decided by the Project Manager either at
Page 111 of 163
the management meeting or after the management meeting and
stated in writing to all who attended the meeting.
39. Early Warning
39.1 The Contractor shall warn the Project Manager at the earliest
opportunity of specific likely future events or circumstances that may
adversely affect the quality of the work, increase the Contract Price, or
delay the execution of the Works. The Project Manager may require the
Contractor to provide an estimate of the expected effect of the future
event or circumstance on the Contract Price and Completion Date.
The estimate shall be provided by the Contractor as soon as
reasonably possible.
39.2 The Contractor shall cooperate with the Project Manager in making
and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the
work and in carrying out any resulting instruction of the Project Manager.
C. Quality Control
40. Identifying
40.1 The Project Manager shall check the Contractor’s work and notify the
Defects Contractor of any Defects that are found. Such checking shall not
affect the Contractor’s responsibilities. The Project Manager may
instruct the Contractor to search for a Defect and to uncover and test
any work that the Project Manager considers may have a Defect.
41. Tests
41.1 If the Project Manager instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect and
the test shows that it does, the Contractor shall pay for the test and any
samples. If there is no Defect, the test shall be a Compensation Event.
42. Correction of
42.1 The Project Manager shall give notice to the Contractor of any Defects
Defects before the end of the Defects Liability Period, which begins at
Completion, and is defined in the SCC. The Defects Liability Period
shall be extended for as long as Defects remain to be corrected.
42.2 Every time notice of a Defect is given, the Contractor shall correct
the notified Defect within the length of time specified by the Project
Manager’s notice.
43. Uncorrected
43.1 If the Contractor has not corrected a Defect within the time specified
Defects in the Project Manager’s notice, the Project Manager shall assess the
cost of having the Defect corrected, and the Contractor shall pay this
amount.
D. Cost Control
44. Contract Price
44.1 In the case of a Unit Rate contract, the Bill of Quantities shall
contain priced items for the Works to be performed by the Contractor.
The Bill of Quantities is used to calculate the Contract Price. The
Contractor will be paid for the quantity of the work accomplished at the
rate in the Bill of Quantities for each item.
44.2 In the case of a lump sum contract, the Activity Schedule shall contain
the priced activities for the Works to be performed by the Contractor. The
Activity Schedule is used to monitor and control the performance of
activities on which basis the Contractor will be paid. If payment for
Materials on Site shall be made separately, the Contractor shall show
46.2 The Contractor shall provide the Project Manager with a quotation for
carrying out the Variation when requested to do so by the Project
Manager. The Project Manager shall assess the quotation, which
shall be given within seven (7) days of the request or within any
longer period stated by the Project Manager and before the Variation
is ordered.
46.3 If the Contractor’s quotation is unreasonable, the Project Manager
may order the Variation and make a change to the Contract Price,
which shall be based on the Project Manager’s own forecast of the
effects of the Variation on the Contractor’s costs.
46.4 If the Project Manager decides that the urgency of varying the work
would prevent a quotation being given and considered without
delaying the work, no quotation shall be given and the Variation shall
be treated as a Compensation Event.
46.5 The Contractor shall not be entitled to additional payment for costs that
could have been avoided by giving early warning.
46.6 In the case of an Unit Rate contract, if the work in the Variation
corresponds to an item description in the Bill of Quantities and if, in the
opinion of the Project Manager, the quantity of work above the limit
stated in GCC 45.1 or the timing of its execution do not cause the cost
per unit of quantity to change, the rate in the Bill of Quantities shall be
used to calculate the value of the Variation. If the cost per unit of quantity
changes, or if the nature or timing of the work in the Variation does not
correspond with items in the Bill of Quantities, the quotation by the
Contractor shall be in the form of new rates for the relevant items of work.
47. Cash Flow
47.1 When the Program, or, in the case of a lump sum contract, the Activity
Forecasts Schedule, is updated, the Contractor shall provide the Project
Manager with an updated cash flow forecast.
49.3 Items of the Works for which no rate or price has been entered in BOQ
shall not be paid for by the Employer and shall be deemed covered by
other rates and prices in the Contract.
50. Compensation
50.1 The following shall be Compensation Events:
Events
(a) The Employer does not give access to a part of the Site by the Site
Possession Date pursuant to GCC 26.1.
(b) The Employer modifies the Schedule of Other Contractors in a way
that affects the work of the Contractor under the Contract.
(c) The Project Manager orders a delay or does not issue
Drawings, Specifications, or instructions required for execution of
the Works on time.
(d) The Project Manager instructs the Contractor to uncover or to carry
𝐿𝑛 𝑀𝑛 𝐸𝑛
𝑝𝑛 = 𝐴 + 𝑏 + 𝑐 +𝑑 + 𝑒𝑡𝑐.
𝐿𝑜 𝑀𝑜 𝐸𝑜
Where:
pn is a price adjustment factor to be applied to the amount for the
payment of the work carried out in the subject month, determined in
accordance with Clause 49;
A is a constant, specified in the Bidding Forms- Table of Price
Adjustment data, representing the nonadjustable portion in
contractual payments;4b, c, d, etc., coefficients representing the
estimated proportion of each cost element (labor, materials, equipment
usage, etc.) in the Works or sections thereof, net of Provisional Sums,
as specified in the SCC;
Ln, Mn, En, etc., are the current cost indices or reference prices of the
cost elements for month “n,” determined pursuant to Sub-Clause 53.4,
applicable to each cost element; and
Lo, Mo, Eo, etc., are the base cost indices or reference prices
corresponding to the above cost elements at the date specified in Sub-
Clause 53.4
3 For complex Works involving several types of construction work with different inputs, a family of
Formulae will be necessary. The various items of Day work may also require different formulae, depending
on the nature and source of the inputs
4 Insert a figure for factor A only where there is a part of the Contractors’ expenditures which will not be
subject to fluctuation in cost or to compensate for the unreliability of some indices. A should normally be
0.15. The sum of A, b, c, d, etc., should be one.
Page 116 of 163
Bidding Forms shall be adjusted if, in the opinion of the Project
Manager, they have been rendered unreasonable, unbalanced or
inapplicable as a result of varied or additional work already executed
or instructed under Clause 46 or for any other reason.
57.2 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses required
specifically for execution of the Contract. The Contractor shall
demonstrate that advance payment has been used in this way by
supplying copies of invoices or other documents to the Project
Manager.
57.3 The advance payment shall be repaid by deducting proportionate
amounts, as stated in SCC, from payments otherwise due
Contractor, following the schedule of completed percentages of the
Works on a payment basis. No account shall be taken of the advance
payment or its repayment in assessing valuations of work done,
Variations, price adjustments, Compensation Events, Bonuses, or
Liquidated Damages.
58. Securities
58.1 The Performance Security, including any additional security required
61.2 Force Majeure may include, but is not limited to, exceptional events
or circumstances of the kind listed below, so long as conditions (a) to
(d) above are satisfied:
(a) war, hostilities (whether war be declared or not), invasion, act of
foreign enemies;
62.2 The Party shall, having given notice, be excused performance of its
obligations for so long as such Force Majeure prevents it from
performing them.
63.2 A Party shall give notice to the other Party when it ceases to be
affected by the Force Majeure.
64. Consequences
64.1 If the Contractor is prevented from performing its substantial
of Force Majeure
obligations under the Contract by Force Majeure of which notice has
been given under GCC 62, and suffers delay and/or incurs Cost by
reason of such Force Majeure, the Contractor shall be entitled subject
to GCC 30 to
(a) an extension of time for any such delay, if completion is or will
be delayed, under GCC35 ; and
(b) if the event or circumstance is of the kind described in sub-
paragraphs (a) to (d) of GCC 61.2 and, in the case of
subparagraphs (b) to (d), occurs in the Country, payment of any
such Cost, including the costs of rectifying or replacing the
64.2 After receiving this notice, the Project Manager shall proceed in
accordance with GCC 10 to agree or determine these matters.
65. Force Majeure
65.1 If any Subcontractor is entitled under any contract or agreement
Affecting
relating to the Works to relief from force majeure on terms additional
Subcontractor
to or broader than those specified in this Clause, such additional or
broader force majeure events or circumstances shall not excuse the
Contractor’s nonperformance or entitle him to relief under this Clause.
66. Optional
66.1 If the execution of substantially all the Works in progress is prevented
Termination,
for a continuous period of 90 days by reason of Force Majeure of
Payment and
which notice has been given under GCC 62, or for multiple periods
Release
which total more than 150 days due to the same notified Force
Majeure, then either Party may give to the other Party a notice of
termination of the Contract. In this event, the termination shall take
effect 7 days after the notice is given, and the Contractor shall proceed
in accordance with GCC 72.5.
66.2 Upon such termination, the Project Manager shall determine the value
of the work done and issue a Payment Certificate, which shall include
(a) the amounts payable for any work carried out for which a price
is stated in the Contract;
(b) the Cost of Plant and Materials ordered for the Works which
have been delivered to the Contractor, or of which the
Contractor is liable to accept delivery: this Plant and Materials
shall become the property of (and be at the risk of) the Employer
when paid for by the Employer, and the Contractor shall place
the same at the Employer’s disposal;
(c) other Costs or liabilities which in the circumstances were
reasonably and necessarily incurred by the Contractor in the
expectation of completing the Works;
(d) the Cost of removal of Temporary Works and Contractor’s
Equipment from the Site and the return of these items to the
Contractor’s works in his country (or to any other destination at
no greater cost); and
(e) the Cost of repatriation of the Contractor’s staff and labor
employed wholly in connection with the Works at the date of
termination.
67. Release from 67.1 Notwithstanding any other provision of this Clause, if any event or
Performance circumstance outside the control of the Parties (including, but not
limited to, Force Majeure) arises, which makes it impossible or
unlawful for either or both Parties to fulfill its or their contractual
obligations or which, under the law governing the Contract, entitles the
Parties to be released from further performance of the Contract, then
72. Termination
72.1 The Employer may terminate the Contract at any time if the
contractor;
a. does not commence the work as per the Contract,
b. abandons the work without completing,
c. fails to achieve progress as per the Contract.
72.2 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.
72.3 Fundamental breaches of Contract shall include, but shall not be limited
79.3 For purposes of GCC 79.2, “origin” means the place where the
materials and equipment are mined, grown, produced, or
manufactured, and from which the services are provided. Materials
and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a
commercially recognized product results that differs substantially in its
basic characteristics or in purpose or utility from its components.
88 Compliance 88.1 The Contractor shall comply with all relevant ordinances, instructions
with and regulations which the Government, or other person or persons
Regulations for having due authority, may issue from time to time regarding the
Explosives handling, transportation, storage and use of explosives.
89. Permission for
89.1 The Contractor shall at all times maintain full liaison with and
Blasting inform well in advance, and obtain such permission as is required
from all Government authorities, public bodies and private parties
whatsoever concerned or affected, or likely to be concerned or affected
by blasting operation.
90. Records of
90.1 Before the beginning of the Defects Liability Period, the Contractor shall
Explosives account to the satisfaction of the Project Manager for all explosives
brought on to the Site during the execution of the Contract and
the Contractor shall remove all unused explosives from the Site on
completion of works when ordered by the Project Manager.
91. Traffic
91.1 The Contractor shall include the necessary safety procedures regarding
Diversion and pedestrian traffic diversion that is needed in execution of the works.
The Contractor shall include in his costing of works, any temporary
works or diversion that are needed during the construction period. All
traffic diversion should be designed for the safety of both the motoring
public and the men at work. It shall ensure the uninterrupted flow of
traffic and minimum inconvenience to the public during the period
concerned. As such, adequate warning signs, flagmen and other
relevant safety precautionary measures shall be provided to warn
motorists and pedestrians well ahead of the intended diversion as
directed by the Project Manager. All traffic devices used shall be
designed in accordance with the instruction of Project Manager.
The following Special Conditions of Contract shall supplement the GCC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GCC
The Employer is
Government of Nepal
Ministry of Physical Infrastructure and Transport
GCC 1.1 (q) Department of Roads
Bridge Branch
Project Coordination Unit
GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be
As per Additional Conditions of Contract (ACC)
The Project Manager is Project Chief (Project Manager) or a Consultant
GCC 1.1(bb) authorized by Bridge Branch.
& 10.1
The Project Manager and Engineer are synonyms.
GCC 1.1 (ee) The Site is located at Ramdi, Palpa as tabulated in ACC. (Approximate
Google coordinate is 27.902617 N, 83.632645 E)
GCC 1.1 (hh) The Start Date shall be 7 days after signing of the contract.
GCC 1.1 (ll) The Works consist of Detailed Engineering Survey & Design, Environment
assessment, construction of bridge as listed in ACC including River Training
and Approach Road Works, etc. as described in Scope of Works and other
relevant sections of Bidding Document.
GCC 2.3(i) The following documents also form part of the Contract: None
GCC 11.1 The Project Manager may delegate any of his duties and responsibilities.
GCC 23.1 The following shall be designed by the Contractor As Per ACC
GCC 26.1 The Site Possession Date(s) shall be: 7 days after signing the contract
C. Time Control
GCC 34.1 The Contractor shall submit for approval a Program for the Works within
30 days from the date of the Letter of Acceptance.
D. Quality Control
GCC 42.1 The Defects Liability Period is: As per ACC.
E. Cost Control
GCC 53.1 The Contract is subject to price adjustment, and the following information
regarding coefficients does apply.
The coefficients and indices for adjustment of prices in Nepalese Rupees shall
be as specified in the Table of Adjustment Data submitted by bidder together
with the Letter of Price Bid which is approved by the Project manager.
GCC 53.7 The Price Adjustment amount shall be limited to a maximum of:
25 percentage of the initial Contract Amount
GCC 55.1 The liquidated damages (L.D.) for the whole of the Works are 0.05
Percent of the final Contract Price per day. The maximum amount of
liquidated damages for the whole of the Works is 10 Percent of the final
Contract Price.
Following liquidated damages shall be applicable for non-compliance
with the deadlines of milestones, which are defined in Contract Data,
Clauses ACC 4.2 & ACC 5.1.
L.D. for Non-compliance with Milestone II: 5% of (0.05 percent of
the final contract price per day).
The maximum limit for total liquidation damages for the project
shall be 10 Percent of the final Contract Price.
GCC 57.1 The Advance Payments shall be maximum up to 10 % of the total Contract
Price excluding Provisional sums and Day works and VAT. The Advance
Payment shall be made in two instalments: 5 % after the agreement and
remaining 5% after physical work progress of 10 %. The Advance Payments
shall be made within 30 days after submission of the Bank Guarantee. The
advanced payment guarantee shall be valid until such time as the advance
payment has been repaid.
GCC 57.3 Deductions from Payment Certificates will commence in the first certificate in
which the value of works executed exceeds 30% of the Contract Price.
Deduction will be at the rate of 20 percentage of the respective Monthly Interim
Payment Certificate until such time as the advance payment has been repaid;
provided that the advance payment shall be completely repaid prior to the
end of 80 % of the approved contract period.
GCC 71.1 The date by which operating and maintenance manuals are required is; before
60 days of handing over the completed project to the employer
GCC 71.2 The date by which “as built” drawings are required is: within 30 days after
work completion
The amount to be withheld for failing to produce “as built” drawings and/or
GCC 80 The Project Manager has to obtain the specific approval of the Employer for
taking any of the following actions :
a. Approving subcontracting of any part of the works under General
Conditions of Contract Clause 13;
b. Certifying additional costs determined under General Conditions of
Contract Clause 50;
c. Determining start date under General Conditions of Contract Clause 1;
d. Determining the extension of the intended Completion Date under
General Conditions of Contract Clause 35;
e. Issuing a Variation under General Conditions of Contract Clause 1 and
46, except in an emergency situation, as reasonably determined by the
Project Manager; emergency situation may be defined as the
situation when protective measures must be taken for the safety of life
or of the works or of adjoining property.
f. Adjustment of rates under General Conditions of Contract Clause 45;
Table of Contents
ACC 9 Testing
ACC 11 Payments
ACC 12 Rejection
ACC 1 1.1 This is a Design & Build mode of Contract where the Contractor
agrees for design and construction of the structures specified in the
Summary of Contract and its maintenance during the Defect Liability Period.
Project and
Employer's The Contractor shall assure functioning, durability and serviceability
Requirements of the Permanent Works within the period specified in the Contract.
ACC 2 2.1 The Permanent Works are listed in the Contract Data. The Permanent
Works may include but not necessarily limited to the following:
The
Permanent 1. The Bridge and its parts (foundation, substructure and
Works superstructure)
2. The approach road(s)
3. River training works
4. Ancillary elements such as railings, kerbs, sign-posts, bridge
name plate, guide-rails, etc.
ACC 3 3.1 The Contractor shall select and propose the appropriate type of the
bridge and other structures necessary for the functioning, durability
3.2 After award of the Contract the Contractor shall carry out all
necessary surveys, investigations, studies including social and
environmental study and analysis, prepare a detailed design of the
Permanent Works with working drawings in details as specified in
Section V (Employer's Requirements and Specifications), and submit
to the Employer for approval.
3.3 The Contract Price shall include all the necessary surveys,
investigations, studies, design and construction of the Permanent
Works including any temporary works, occupational health and
safety, and all other items mentioned in the Priced schedule of
requirements.
ACC 4 4.1 The Contractor shall apply for extension of time for design works 21
Extension of days before the deadline. Delay in applying for time extension shall
time for design be subjected to imposition of Liquidated Damage as specified.
works
4.2 The Employer shall approve the design or return it to the Contractor
for further clarification within 21 days after its submission. The
ACC 5 5.1 Upon approval of the Design, the Contractor shall submit a work
schedule within 14 days showing the intended completion dates for
Work the following elements:
Schedule, Date
of 1. Foundation(s)
commencemen 2. Substructure(s)
t and 3. Superstructure
4. Approaches.
Completion
5. River Training works
However, the completion time for the whole work shall not exceed
the time given in the Contract Data.
5.3 The Construction works shall commence within 21 days from the
date of acceptance of the Work Schedule
5.2 The Contractor can make internal adjustments in his work schedules
during the works, but shall take an approval if any change in the dates
is made for the elements listed in ACC Clause 5.1.
ACC 6 6.1 The Contractor bears full responsibility for the quality of works
under the Contract. It’s the Contractor’s responsibility to carry out
Acceptance
necessary tests according to the Quality Assurance Plan (QAP) and
criteria
submit the test results to the Employer. The Employer shall accept
the works on the basis of test results according to the QAP and other
tests specified in Section V of this Contract (Employer's
Requirements and Specifications). The Employer may appoint
Engineer or a Consultant to supervise the works and check the test
results on behalf of the Employer.
7.2 The Employer shall have the right to approve or disapprove such
variations. The Contractor shall carry out the works according to the
7.4 The Contractor shall not claim for additional payments for any cost
incurred by the variations proposed by Contractor.
ACC8 8.1 The Employer may issue a Letter of Intention for Variation in the
Variations design of any part of the bridge, approaches and river training works
proposed by 45 days before the start of the particular work as per the agreed work
the Employer schedule.
8.2 The Contractor shall execute and be bound by such variatio ns,
without any alterations to the Conditions of Contract unless the
Contractor promptly notifies the Employer stating that:
ACC 9 9.1 The Contractor shall provide all apparatus, assistance, documents
and other information, electricity, equipment, fuel, consumables,
Testing instruments, labor, materials, and suitably qualified and experienced
staff, as are necessary to carry out the specified tests efficiently. The
costs of such tests shall be included in the Contract Price.
9.2 The Contractor shall inform the Employer about the completion of a
part of the works and agree with the Employer about the date and
time of testing of the intended test.
9.3 The Employer may instruct the Contractor to carry out additiona l
tests. If these varied or additional tests show that the tested part of
the structure, material or workmanship is not in accordance with the
Contract, the Contractor shall be responsible for removing such
tested part and shall again carry out the works as required at no
additional cost to the Employer.
9.5 Each test shall be recorded duly as specified in the documents and
the Contractor shall promptly forward to the Employer certified
reports of the tests. When the specified tests have been passed, the
Employer shall endorse the Contractor's test certificate.
ACC 10 10.1 The Employer has right to measure the completed works before
making any interim or final payments. The Contractor shall arrange
Measurement
for easy access to any part of the Permanent Works for measureme nt.
of works
10.2 The Contractor shall assure that any part of Permanent Works that is
supposed to be concealed or covered at a later stage (such as
foundations, reinforcement, etc.) is observed and measured before
covering the particular part. The Contractor shall inform the
Employer well in advance about such measurement of works.
ACC 11 11.1 The Payment modality shall be as per the milestones specified in
ACC 11.2 and as per proportionate progress, as applicable. No
Payments interim payments shall be made for the parts of the Permanent Works
as specified in the Contract Data until the particular part is fully
11.2 For the purpose of Interim Payments, pursuant to the sub-clause 11.1,
the amount for the elements of the bridge shall be paid
proportionately to the contract price of the bridge (excluding other
permanent works and other items). The interim payable amount of
the completed elements shall not exceed the amounts as specified in
the Contract Data.
ACC 13 13.1 The Contractor may apply for handing over the completed parts of
the Permanent Works if so allowed in the Contract. The parts that
Handing over can be handed over after completion of the specified tests and
the works endorsement of the test results as mentioned in the Contract and the
sequence of handing over are as follows:
ACC 14 14.1 The Defect Liability Period is as specified in the Contract Data.
Defect Liability
ACC 15 15.1 The Contractor shall comply with the employer’s requireme nts
regarding Environmental and Social Safegaurd, Occupational and
Other Community Health and Safety, and road safety as stated in Contract
Compliance Data. The latest versions of the guidelines, acts, rules & regulatio ns
Requirements shall be applicable.
4. Other restrictions:
ACC Dead line for Submission of detailed design and environmental study (BES or IEE or
3.4 submission EIA as appropriate) of bridge not later than six months after the date of
of the designs Contract Agreement.
ACC Completion The intended completion date for the whole of the works shall be 36
4.2 time for the months after the date of Contract Agreement.
ACC whole works
5.1 Following Milestones shall be applicable:
Milestone I: Submission of Concept design with constructio n
methodology including Traffic Management of bridge no later than 60
days from date of signing of Contract Agreement.
Notes:
1. Super-structure shall be paid based on completed bridge length in
running meter; whereas foundation and sub-structures shall be
paid based on number of completed structures.
ACC Works
11.4 subject to If the total length of the bridge is decreased from the length specified in
modification ACC 1.2 then the Contract Price for the bridge shall be decreased
proportionately to the length. But if the length is increased than specified
in ACC 1.2 then the Contract Price remains unchanged. Change in the
length of the bridge shall not affect the Contract Price of other items.
This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by
the successful Bidder after contract award.
Title: ……………………………………………….
CC:
[Insert name and address of all other Bidders, who submitted the bid]
Date: ……………………..
You are hereby instructed to contact this office to sign the formal contract agreement within 15
days with Performance Security of NRs. ………. in accordance with the Conditions of Contract,
using for that purpose the Performance security Form included in Section X (Contract Forms) of
this Bidding Document.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
a. the Letter of Acceptance;
b. the Letters of Technical and Price Bid;
c. (the Addenda Nos ................................... Insert addenda numbers if any ……………
d. the Contract Data
e. the Additional Conditions of Contract
f. the Special Conditions of Contract;
g. the List of Eligible Countries that was specified in Section V of the bidding document,
h. the General Conditions of Contract;
i. the Specification;
j. the Drawings;
k. Bill of Quantities (or Schedules of Prices for lump sum contracts), and
l. Table of Price Adjustment Data
m. List of Approved Subcontractors [For GoN funded project]
n. ..[Specify if there are any other document]
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Nepal on the day, month and year indicated above.
Signed by ………………………….
for and on behalf the Contractor in the presence of
Signed by…………………………..
for and on behalf of the Employer in the presence of
In accordance with GCC Sub-Clause 13.1,The following Subcontractors are approved for
carrying out the work as specified below.
Name of Value/Percentage
Description of Works
Subcontractors of subcontract
Date:
Contract No:
Name of Contract :
To:
Signature Signature
Name : Name :
Designation: Designation:
We have been informed that ...... [insert name of the Contractor] (hereinafter called "the
Contractor") has been notified by you to sign the Contract No. ……………….. [insert reference
number of the Contract] for the execution of ……….. [insert name of contract and brief
description of Works] (hereinafter called "the Contract").
At the request of the Contractor, we... ................................ . [insert name of the Bank] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ...............[insert
name of the currency and amount in figures*] (... .......... .. insert amount in words) such sum
being payable in Nepalese Rupees, upon receipt by us of your first demand in writing accompanied
by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract,
without your needing to prove or to show grounds for your demand or the sum specified therein.
…………………………………………
Seal of Bank and Signature(s)
Note:
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final
document.
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the
Contract in Nepalese Rupees.
** Insert the date thirty days after the date specified for the Defect Liability Period. The Employer should note
that in the event of an extension of the time for completion of the Contract, the Employer would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must be
made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer
might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed [six months], in response to the
Employer’s written request for such extension, such request to be presented to the Guarantor before the
expiry of the guarantee”.
We have been informed that ………………has entered into Contract No. ..... Name and Address
of Employer………………name of the Contractor……………(hereinafter called "the
Contractor")..reference number of the Contract……………dated …………… with you, for the
execution of ...contract and brief description of Works ……………. (hereinafter called "the
Contract").
At the request of the Contractor, we... ......................... . name of the Bank ………………….
hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount
of………………….name of the currency and amount in figures*... .................... .(…… amount in
words ... ...................................................................... .) upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Contractor is in breach of its obligation
under the Contract because the Contractor used the advance payment for purposes other than the
costs of mobilization in respect of the Works.
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated in copies of interim statements or payment
certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our
receipt of a copy of the interim payment certificate indicating that eighty (80) percent of the
Contract Price has been certified for payment, or on the ....... day of ......**, whichever is earlier.
Consequently, any demand for payment under this guarantee must be received by us at this office
on or before that date.
……………………………………………………
Seal of Bank and Signature(s)
Note:
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
*The Guarantor shall insert an amount representing the amount of the advance payment in Nepalese Rupees of the
advance payment as specified in the Contract.
** Insert the date Thirty days after the expected completion date. The Employer should note that in the event of an
extension of the time for completion of the Contract, the Employer would need to request an extension of this
guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the
form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period
not to exceed [six months], in response to the Employer’s written request for such extension, such request to be presented
to the Guarantor before the expiry of the guarantee”.
1 Part 1 General
a. Description of project
b) Scaffolding
c) Catch platform
g) Loading platform
c) Fire fighting.
b) Warning signs
a) Ambulance
b) Police station
c)Fire Brigade
1.13 Reporting
c) Floor openings
d) Working platform
e) Loading platform
a) Safety harness;
b) Lanyards
2.4 Ladders
3 Part 3 Electrical
5 Part 5 Plants
d) Prime mover
f) Scaffold
a) Licensed/qualified operator
b) Signalman
5.3 Communication
b) Provision of:
7.2 Toilets
7.6 Lighting
8. COVID Measures
Type A
The contractor shall provide an office throughout the construction period for the engineer standing to the
following specification.
Furniture for the a) Two sets of office tables, minimum size of each = 1.5x1.0 m, with
office: comfortable chairs and file cabinets
b) Ten nos. of wooden or steel chairs with in-built cusion
c) Two number of cupboards (about 2 m high) with locks
d) Approved flooring
Furniture for the a) Two sets of bed and wardrobes
guest room: b) One set of sofa with coffee table and book case
c) Approved flooring
Other facilities: a) Toilet and wash basins with running water, soaps and towels with
proper flooring, ventilation and waste disposal
b) Approved door locks on all the rooms and Toilet
c) Parking space for at least 3 vehicles
In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to
distinguish between the different classes of Works, or between Works of the same nature carried out in different
locations or in other circumstances which may give rise to different considerations of cost. Consistent with
these requirements, the layout and content of the Bill of Quantities should be as simple and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
d) Provisional Sums; and
(d) Summary.
Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of measurement
which have been adopted in the preparation of the Bill of Quantities and which are to be used for the
measurement of any part of the works.
Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those parts of the
Works which by nature, location, access, timing, or any other special characteristics may give rise to different
methods of construction, or phasing of the Works, or considerations of cost. General items common to all parts
of the works may be grouped as a separate section in the Bill of Quantities.
Day work Schedule
A Day work Schedule should be included only if the probability of unforeseen work, outside the items included in
the Bill of Quantities, is high. To facilitate checking by the Employer of the realism of rates quoted by the
Bidders, the Day work Schedule should normally comprise the following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work rates
or prices are to be inserted by the Bidder, together with a statement of the conditions under which the
Contractor will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates as bid. The
rate to be entered by the Bidder against each basic Day work item should include the Contractor’s profit,
overheads, supervision, and other charges.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a provisional sum
in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be
provided as a provisional sum in the Summary Bill of Quantities. The inclusion of such provisional sums often
facilitates budgetary approval by avoiding the need to request periodic supplementary approvals as the future
need arises. Where such provisional sums or contingency allowances are used, the Contract Data should state
the manner in which they will be used, and under whose authority (usually the Project Manager’s).
Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried forward, with
provisional sums for Day work, for physical (quantity) contingencies, and for price contingencies (upward price
adjustment) where applicable.
These Notes for Preparing Specifications are intended only as information for the Employer or the person
drafting the Bidding documents. They should not be included in the final documents.
Bill of Quantities
1 Provisional Sum
Procument Item Details
SL.
Item Description Unit Quantity Unit Rate(NPR) Amount(NPR)
No
1 Provisional sum for relocation of utilities, emergency P.S. 1.0 6000000.0 6,000,000.00
works and other unforeseen items necessary as directed
by Engineer. etc.
2 Construction work
2.1 Bridge Construction Work
VAT
Grand Total